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$144 Million Dollar Verdict Awarded in Birth Trauma Case

Nearly five years after an initial lawsuit was filed, a jury in Michigan recently handed down a $144 million dollar verdict against Beaumont Hospital for injuries sustained during childbirth. Kimberly VanSlembrouck initiated the lawsuit against the hospital claiming they were negligent in their actions while she gave birth, causing her daughter irrevocable birth injuries.

According to VanSlembrouck, the hospital was negligent when it failed to perform a Caesarian section, but instead delivered her daughter through the birth canal. As a result, her daughter suffered a fractured clavicle, hemorrhaging and severe brain trauma.

VanSlembrouck filed the lawsuit back in 2006 against the hospital and the delivering doctor on behalf of her daughter, Markell, who is now 15. The trial lasted three weeks and the jury returned the $144 million dollar verdict after three days of deliberation.

VanSlembrouk's attorney states that the funds will be overseen by a conservator and will be used to pay for around the clock care for Markell for a period of 77 years. VanSlembrouck expressed her gratitude for the verdict, and she has also wanted to stress that the lawsuit was motivated not by money, but by a desire to help her daughter who was an innocent victim in the situation.

Long-Term Care Costs Following Birth Injury Often Prohibitive

As is the case after most life-changing injuries, the costs of long-term care are very high. In this instance, the baby injured by the alleged birth trauma will need permanent medical assistance for the rest of her life. This type of medical care is extremely expensive and often cost prohibitive for the family of the child injured during delivery.

Filing suit against the doctor or the hospital who acted negligently can help the family recover compensation that will pay for expensive medical bills, long-term treatment, prescriptions and other costs including loss of enjoyment of life and lost wages. The family of the injured baby or child may also be able to set up a trust with the compensation that will pay for the long-term medical expenses, prescriptions and treatment for the care of the birth injury victim.

After a Preventable Birth Injury, Contact an Attorney

In the case where the family was awarded $144 million verdict, Beaumont Health System has stated that they plan to appeal the verdict. A hospital spokesman said they believe a genetic condition is responsible for Markell's disabilities. The attorneys representing the hospital and the doctor could not be reached for comment.

If you believe that your child has been injured by preventable birth trauma, contact an experienced birth injury lawyer. You have a right to compensation if a doctor or hospital disregarded their duty of care to you and your baby, causing serious injury.


Located in Philadelphia, Silvers, Langsam & Weitzman, P.C., home of MyPhillyLawyer, serves clients in Philadelphia County, Pennsylvania, and throughout the United States.

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