Jury Awards $36 Million In Largest Medical Malpractice Verdict In State’s History
A medical malpractice case involving a newborn baby brain damaged during delivery has resulted in Connecticut’s biggest ever medical malpractice award. After five weeks of testimony at Waterbury Superior Court, the decision was unanimous, and the jury awarded $36.5 million to the family.
Thomas and Sheila Cowles went to Hartford Hospital on August 11, 1998 for the birth of their son by a surrogate mother. Their baby Nicholas was born brain damaged and blind and now lives in a wheelchair with cerebral palsy. Every juror agreed the hospital and Dr. Doelger were negligent in the delivery.
Had Dr. Doelger and the nurses properly read fetal monitor strips, the jury believed they would have seen Nicholas was in fetal distress and should be delivered by caesarian section to allow quicker oxygen to the baby. The Jury foreman, Julie Torres, described the medical malpractice case as “absolutely the saddest thing I have ever seen.”
Torres said the decision was not based on sympathy but on the evidence. Had the medical staff performed a c-section an hour before, like they should have, or even 30 minutes before, Torres said the jurors believed Nicholas Cowles would be healthy today.
If you or a family member has had a baby who has suffered serious brain or other birth injuries contact attorney David I. Fuchs at 800-570-2858.