Kentucky Mother Awarded $18 Million in Birth Injury Lawsuit.

Having practiced and litigated personal injury cases in Massachusetts for nearly 30 years, our Boston lawyers have earned a well-deserved reputation for fantastic results and impeccable client service.  At the Law Offices of Gilbert R. Hoy, Jr. and Affiliates, we know what it takes to get the most damages for our injured clients. Have you or your child been injured by a doctor’s negligence during birth? Our birth injury lawyer specialists will be your greatest asset in securing fair and just monetary damages from the responsible medical professionals.  Please call our office, 24/7, at 617-787-3700 or email for more information.  Your needs are our top priority!

Welcoming a child into the family can be a challenging prospect for a first-time parent.  In addition to the pressure of being a lifelong teacher and role model, a parent’s first concern is always for the health and well-being of their newborn child.  The day of your child’s birth can be stressful, to say the least.  You hope and pray that everything goes as planned, and that the medical professionals will do their jobs excellently.  Sadly, this is not always the case; things do not always go as planned, and mistakes can be made.  Because the birthing process is such a delicate one, a mistake can lead to a lifetime of hardship for an infant and its family.

In 2007, Brittany Hamilton was admitted to the T.J. Samson Community Hospital in Kentucky for the birth of her first child.  Up to that point, Brittany’s pregnancy had carried on without any significant issues.  When she arrived at the hospital, however, her physician recommended that she not be permitted to exceed four contractions within one hour’s time. Moreover, he encouraged the nursing staff to reduce Brittany’s epidural dosage because she was having difficulty pushing during her final stages of labor.  But those orders, according to Brittany’s birth injury lawsuit, fell upon deaf ears.  The orders from the doctor were allegedly ignored.

As a result of this alleged malpractice, Brittany exceeded her maximum contractions per hour for approximately six consecutive hours. The nurses failed to reduce or eliminate administration of the pain-relieving epidural, which caused the baby to become stuck in the birth canal. During this time, the child received very little oxygen.  The lack of oxygen caused the baby to develop spastic quadriplegia, which is a severe form of cerebral palsy.

After a drawn-out medical malpractice trial, a Glasgow, Kentucky jury awarded the Hamilton family $18 million in damages.  Using a life expectancy estimate of 67 years, the jury concluded that an award of $9 million for care expenses would be adequate. The jury also concluded that the child should receive $1.5 million to compensate for any future lost earnings, and another $4.5 million was awarded to the family as compensation for the pain and suffering associated with this type of experience.  The remaining damages were punitive damages levied against the T.J. Samson Community Hospital.

If your child has been injured by negligent medical professionals, please contact our diligent Boston birth injury lawyers, who will work hard to ensure that you and your family are financially secure.  Please call us at 617-787-3700 or email us at

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