On January 31, 2018, a jury in Montgomery County, Ohio returned a verdict of $2,750,000 in favor of Matthew Harrison and against obstetrician Dr. Andre Harris, MD, of Dayton, Ohio, and his company Horizon Women’s Healthcare, LLC. The plaintiffs were represented by Ohio attorneys Pamela Pantages and Jeffrey M. Heller. According to court documents, the injured plaintiff was born with a permanent brachial plexus injury, or essentially, a near-paralyzed right arm. He had Apgar scores of 1, 3 and 6. His right arm was flail, and a skull x-ray revealed head swelling, cephalohematoma, and shifting of the skull bones.
At trial, the obstetric experts all agreed that Matthew needed to be delivered by either vacuum extraction or cesarean. The delivering physician, Defendant Andre Harris, M.D., chose the vacuum without counseling Matthew’s mother, Maurita Henry. “This is where the malpractice began,” said Attorney Pantages. All the testifying obstetricians, including Dr. Harris himself, agreed that obstetricians are taught in their training the 3-pop off/20 minute safety rule. If the vacuum pops-off the baby’s head three times in 20 minutes, the delivering obstetrician is required to abandon the vacuum and deliver by cesarean,” she said.
In the jury’s verdict, they indicated Dr. Harris’s violation of the 3-pop off safety rule caused a shoulder dystocia and exposed Matthew to an unnecessary risk of injury. After nearly 4 hours of deliberation, the jury compensated Matthew with $1.5 million in damages for his past medical bills, cost of future care and reduced future earning capacity, $750,000 for his pain and suffering, and $500,000 to his mother for her loss of consortium claim.
If you, a loved one or a child of yours has suffered substantial injuries during birth or shortly after, you may be entitled to just and fair compensation for those injuries. Please contact one of our expert Boston, MA birth injury attorneys or a personal injury lawyer expert here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates who have decades of experience fighting for our Massachusetts clients, either by phone at 617-787-3700 or by email at email@example.com, for your free and confidential consultation. Your needs are our top priority!