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$21 Million Award in Cerebral Palsy Birth Injury Lawsuit

August 2, 2012 — A Baltimore jury has awarded the family of Jaylan Norfleet $21 million for his birth injuries. Attorneys for Jayden’s family claim he suffered cerebral palsy due to oxygen deprivation during birth. His family alleges that his injuries occurred because the hospital staff failed to perform a Caesarean section, and instead allowed a prolonged vaginal birth that caused severe oxygen deprivation.

Attorneys for Jayden’s family were pleased with the award, and say it will help make Jayden’s ongoing medical expenses more affordable. Jayden, who was born in 2002 and is now nine years old, has severe physical disabilities but no mental disabilities. He has limited use of his legs and has trouble writing. Attorneys said he is “literally trapped inside his body.”

The jury awarded $18 million for medical care, $2 million for lost wages, and $1 million for pain and suffering.

Attorneys for the hospital said this verdict threatens all hospitals that deliver babies in Baltimore, and they could not understand how the jury reached their verdict. According to the hospital’s attorneys, oxygen deprivation would have caused brain swelling, but ultrasounds showed no signs of brain swelling during delivery. Blood tests also showed no signs of oxygen deprivation. Attorneys for the hospital allege that Jayden’s premature birth is responsible for his condition, not mistakes during delivery.

This is the second time a Baltimore jury has awarded a significant amount in a birth injury lawsuit. In June, another Baltimore jury awarded a family $55 million for a cerebral palsy birth injury lawsuit at Johns Hopkins Hospital in 2010. The lawsuit involved a similar claim, that the child lost oxygen during deliver and the hospital should have performed a Caesarian section earlier.

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The Schmidt Firm, PLLC is currently accepting birth injury cases in all 50 states. If you, your child, or somebody you know has been injured during birth, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Personal Injury Litigation Group or call toll free 24 hours a day at (866) 920-0753.

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