Biggest personal injury verdict awarded for cerebral palsy case

A Middlesex County jury awarded nearly $40 million yesterday to the family of a boy that was born with severe brain damage in 1996 after a traumatic delivery at a Lowell hospital.

Being called the biggest personal injury verdict in Massachusetts’ history, the jury deliberated for about 6.5 hours before finding an obstetrician and gynecologist negligent for having waited more than five hours to deliver the baby in a caesarean section despite signs of severe fetal distress.

The boy, now 8, has cerebral palsy and functions at the level of a 2 to 4 year old. According to the plaintiff’s lawyer, the verdict stemmed from the severity of the boy’s injuries and fact that he will need to rely on care for the rest of his life.