Family Files $150M Cerebral Palsy Suit Against Navy

A family has filed a $150 million medical malpractice lawsuit against the Navy, claiming that negligence on the part of the doctors and staff at Naval Hospital Jacksonville caused their baby to suffer cerebral palsy, which will leave him disabled for life.

According to the plaintiff’s lawyer, Sean Cronin, the severe birth injuries caused to the infant Gavin—the second born in a twin delivery—were a direct result of the lack of oxygen during the birth in May 2005. Hospital records reveal that the newborn wasn’t breathing when he was delivered and his limbs were blue.

Case Details

Commanding officer of the hospital Capt. Raquel Bono contends to the suit, alleging that Kendra Alcorn’s (Gavin’s mother) pregnancy was considered high risk from the start because it was a multiple birth and because of her past history of smoking and prescription drug use.

“The prenatal period is very important and delicate time. There are a whole myriad of causes that determine whether a child develops cerebral palsy,” she said, and added that only about 5 percent of cases result from problems during delivery.

However, Cronin said that the exact type of cerebral palsy Gavin suffers is directly linked to oxygen deprivation during the birth because of the localized brain damage.

“There is no evidence that this is a congenital defect,” Cronin said. “All evidence indicates that this was caused by asphyxiation. I am extremely disappoint that the hospital is attempting to blame the victim.

The Navy will be given six months to either pay the full price the victims are asking, offer another settlement amount, or pay nothing. If the family isn’t satisfied with the compensation, they can file a civil suit in U.S. District Court.

Does your child have cerebral palsy? It could have been caused by medical negligence. Please contact us today to consult with an experienced and caring medical malpractice attorney about your legal rights and options.