Couple Awarded $15.8 Million For Son’s Cerebral Palsy

A jury has awarded $15.8 million in damages to the parents of a baby boy who developed cerebral palsy as a result of preventable birth trauma.

Jason Lowe, now five years old, sustained serious birth injuries during labor and delivery that resulted in cerebral palsy. His mother, Julie Lowe, was not progressing in her labor, and the fetal monitor showed signs of umbilical cord compressions.

According to the cerebral palsy lawsuit, the physician should have performed a Caesarean section but failed to heed the warning signs and allowed the difficult labor to continue. The lawsuit also charged the resident physician with neglect for allowing Julie to be disconnected from the fetal monitor for 10 minutes during labor.

“It is very important in the later stages of pregnancy when the mother is in labor to have continuous fetal monitoring because fetal distress can occur at this time….When you remove this device you have no idea whether the baby is suffering any kind of distress,” said Lynn Foley, the family's attorney.

Foley argued that disconnecting the fetal monitor created an unnecessary risk, which coupled with failure to heed other warning signs ultimately caused Jason to develop cerebral palsy.

The jury ruled in favor of the family last Wednesday. The damages awarded include pain and suffering, Jason's loss of earning capacity, past, present, and future medical costs, attendant care.

If you believe your child developed cerebral palsy as a result of medical malpractice, you may be entitled to recover damages for your losses and suffering. Please contact a cerebral palsy lawyer for a FREE consultation to learn more about your legal rights and options.