$12.1 Million Verdict for Family After Birth Negligence Left Girl With Cerebral Palsy
Won by Leavitt, Yamane & Soldner.
A Hawaii jury awarded $12.1 million to a Waipahu family after labor-induction negligence at Kapiolani Medical Center cut off a newborn's oxygen for 26 minutes, causing permanent brain damage and cerebral palsy.
What happened
On June 4, 2004, Marjorie Balleras was admitted to Kapiolani Medical Center for Women and Children in Honolulu to give birth. Hospital staff administered labor-inducing drugs, which triggered contractions strong enough to compress the umbilical cord and cut off oxygen to the baby's brain. The infant went into cardiac arrest. Nurses and the delivering physician, Dr. Emma Avilla, took 26 minutes to complete the delivery, and by then the damage was done.
The child was born severely brain-damaged and later diagnosed with cerebral palsy. She cannot speak, cannot move her arms or legs, uses a wheelchair, and cannot eat by mouth, relying on a feeding tube through her gastrointestinal system. She needs around-the-clock care.
The family filed suit in 2007 against both Kapiolani Medical Center and Dr. Avilla. The case went to trial nearly nine years after the birth. Attorney Stuart Kodish of Leavitt, Yamane and Soldner represented the family, arguing that the hospital's nursing staff and the treating physician failed to recognize and respond to clear signs of fetal distress in time to prevent the injury.
After two days of deliberations, the jury returned a verdict of $12.1 million. Jurors apportioned fault 65 percent to Kapiolani Medical Center and 35 percent to Dr. Avilla. No appeal resulting in a reduction of the award has been identified in public records.
Sources
This account is drawn from contemporaneous public reporting and the court record.
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