Military Family Sues Government for Medical Malpractice

A military family is suing the federal government for unspecified damages in a medical malpractice claim, alleging that the negligence of a naval hospital doctor caused their son to develop cerebral palsy.

Andrew Waters, now eight months old, has a severe type of cerebral palsy with no hope for a better life.

Jeff Waters, a staff sergeant stationed at Parris Island, and his wife Jennifer Phillips claimed that their son's cerebral palsy is a direct result of the inadequate care provided by Captain Clinton Butler at Naval Hospital Beaufort during her pregnancy.

The lawsuit alleged that Butler refused to refer Phillips to a specialist even though he knew her unborn son was at risk for rupturing a bowel – a condition associated with babies who have cystic fibrosis. Both parents are carriers of the cystic fibrosis gene.

Because the naval hospital no longer performs births, Phillips would have to deliver at Beaufort Memorial hospital. The staff there, however, does not have the ability to perform specialized surgeries.

When Butler finally agreed to transfer Phillips to a more specialized hospital, it was too late. At 38 weeks, Phillips noticed Andrew was barely moving inside the womb.

Medical staff at Beaufort Memorial Hospital determined that Andrew was in fetal distress but delayed an emergency Caesarian section for almost four hours. The lawsuit claimed that the delay ultimately caused their son's severe brain damage.

George Hanko III is representing the family in the lawsuit, which is filed under the Federal Tort Claims Act. Hanko won the largest settlement under this act, $10 million, in August 2004.

Although they have not yet determined the amount of the suit, Hanko said it would not be more than $70 million.

In November, a Navy family whose child suffered injuries during birth at a naval hospital was awarded $60.9 million in a case against the government.

Andrew's parents hope to receive enough money to pay for his medical expenses. Since his birth, the family has had to survive on one income.

Above all else, Waters and Phillips lament the fact that Andrew will have virtually no quality of life as a result of their doctor's mistake.

“It could've all been avoided, so easily preventable. If Andrew just received competent medical care, he would've been normal today,” said Hanko.

If your child has suffered a birth injury as a result of medical malpractice or doctor's mistake, contact a cerebral palsy lawyer who can help defend your child's legal rights.