Doctor, Hospital To Blame For Boy’s Cerebral Palsy

A Minnesota jury awarded $15 million in damages to the mother of a boy who was born with cerebral palsy as a result of negligent medical care during the delivery process.

Dhevyn Blackburn, now 5, was born with brain damage and other serious health conditions. The lawsuit alleged that Dr. Samuel Donegan and staff at United Hospital failed to react to signs of fetal distress, which ultimately caused Dhevyn to develop cerebral palsy.

Medical Negligence

On the morning of May 2, 2001, Dhevyn's mother, Meshell Davis, was admitted to the hospital. Later that evening, she was in distress and required an emergency Caesarean section.

Nurses, however, failed to recognize the warning signs and Davis' doctor did not arrive to the hospital until after 3 a.m. on May 3. Dhevyn was delivered vaginally approximately an hour after the doctor's arrival.

“Our position was the doctor should have come to see Meshell Davis much sooner than he did. Had he done that, he would have seen the need to have this child delivered much sooner. Had that been done, this child would have been born before serious brain damage set in,” said Davis's attorney Stephen Offutt.

Cost of Care

According to the lawsuit, Dhevyn has severely limited mobility, suffers from seizures, cannot talk, and will require a lifetime of care – the cost of which is estimated to be $8 million.

The jury found Dr. Donegan 90 percent responsible for Dhevyn's injuries and the hospital 10 percent. The hospital settled prior to trial for an undisclosed amount. Donegan's insurer will be responsible for paying $14 million.

Does your child suffer from cerebral palsy? If you think your child's condition was caused by medical malpractice, you may be eligible to receive compensation for your losses. Please contact us today for a FREE consultation with a compassionate and experienced medical malpractice attorney.