$17.8 Million Awarded in Cerebral Palsy Malpractice Suit

A Franklin County jury handed down record award of $17.8 million to the family of a girl left brain damaged by a medical mistake.

Alexis Hayes, now 5, was a healthy four-month-old baby when she went into the hospital on September 25, 2001, to have a benign cyst removed from her neck. Because of an anesthesiologist's mistake, Alexis now suffers from cerebral palsy and requires round-the-clock care.

As she was being given anesthesia at 12:30 p.m., Alexis experienced a drop in her blood pressure and heart rate. Rather than waiting for her patient to recover properly, Dr. Sharon Benoit administered a second dose of anesthesia – a mistake that resulted in permanent brain damage.

“Our position was she needed to stop at 12:35. Instead, she induced her with more anesthesia,” said co-counsel for the family Thomas J. O'Connell.

In March 2003, the family filed a medical malpractice lawsuit against Benoit and her company, Children's Anesthesia Associates Inc. Both were found negligent and thus liable for Alexis's injuries.

The hospital, also named in the original lawsuit, settled out of court for an undisclosed amount.

Alexis will receive more than $16 million to cover future medical costs, education, and pain and suffering. Each of her parents was awarded $800,000. The verdict is the largest for medical malpractice in the county, surpassing a $12 million jury award in 1990.

“I'm so glad it's over. I knew it was a strong case. You can't take a healthy baby and come out with brain damage without negligence,” said Randy Jackson, Alexis's father.