A Palm Beach County jury deliberated for over eight hours and awarded a West Palm Beach couple $4.5 million for the future care of their son, Bryan, who was born with only one limb–his leg. Jurors concluded that Dr. Marie Morel, OB/GYN failed to detect the boy’s disabilities before he was born. The jury found the doctor 85 percent at fault and the ultrasound technician at fault for the other 15 percent “for failing to properly read sonograms that would have alerted the couple of their son’s disabilities.” While the couple was seeking $9 million, they are still “overjoyed” by the verdict. The parents only requested money for their son’s care, not for their own suffering.
Bryan’s parents testified that they would have never brought their son into the world had they known of the disabilities he was facing. Instead, the couple would have terminated the pregnancy had they known of the missing limbs. The couple was seeking compensation for all of Bryan’s medical costs, including prostheses, wheelchairs, operations, attendants and other needs he will have during his estimated 70-year life. The parents simply wanted to know that their son would be “all right.”
Attorneys for Dr. Morel argued that Bryan’s parents rejected amniocentesis, fearing that it may have caused a miscarriage, and that the procedure could have revealed the baby’s injuries. The attorneys argued that the couple stated they would have rather brought a baby with disabilities into the world than no baby at all, contrary to their assertion that they would have aborted the baby. The jury rejected these arguments, and awarded the couple millions for their child’s care.
Jury awards West Palm Beach parents of child born with no arms, one leg $4.5 million, www.palmbeachpost.com September 10, 2011
Most parents never anticipate that their child will be born with any form of defect or disability, and as a result, many parents never plan for such an incident. Doctors are expected to use a reasonable degree of care, and when they fail to do so, the resulting injuries can be devastating. Like Bryan, children who suffer birth injuries require lifelong care and these medical bills can often be astronomical. The Fort Lauderdale birth injury attorneys at the Friedland | Carmona have over twenty years of combined experience helping victims of medical malpractice recover the compensation they deserve. If your child has suffered a birth injury as a result of a doctor’s negligence, call Jonathan Friedland or Michael Carmona, the Miami medical malpractice attorneys at the Friedland | Carmona at (305) 661-2008 today for your free consultation!
The Miami birth injury attorneys at the Friedland | Carmona handle all types of medical malpractice cases throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale and Palm Beach. The Friedland | Carmona handles all types of personal injury cases, including wrongful death, defective products, motor vehicle accidents, slip and falls and construction site injuries. Call today and let our family take care of your family!