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University of Maryland Medical System Birth Injury Case

By Byron Warnken, on September 17, 2014

The Case

The family of a Baltimore girl was awarded $3 million by a Baltimore City jury after she suffered permanent and catastrophic injury to her left arm and shoulder as the result of medical negligence during her birth. Her family should receive the highest possible amount of noneconomic damages under Maryland law and just over $1 million in economic damages. After the cap reductions and a miscalculation of her mother’s lost wages, the total payout should be approximately $1.7 million.

Case No. 24C13004285: Uriah Evans, et al, v. University of Maryland Medical System Corporation

What Happened?

Doctors at the University of Maryland Medical Center decided to induce labor after the girl’s mother, Uriah Evans, came to the hospital with complaints that was found to be either pneumonia or a pulmonary embolism. Doctors then decided to induce labor but did not offer or recommend a cesarean section as required. During delivery, the girl’s left shoulder became lodged, and, according to the complaint, the doctors “negligently managed the impaction by failing to utilize the proper birthing techniques.”

The girl has not recovered from the birth injury, though she has been in treatment and therapy. She now has permanent, partial paralysis.

Counts

Negligence

The doctors failed to deliver the girl through cesarean section (and failed to inform Uriah of the risks associated with vaginal delivery), failed to perform the proper medical procedures in anticipation of delivery, failed to respond to signs of fetal distress, and failed to deliver the baby properly.

Economic Losses

Uriah Evans brought claims for the cost of her daughter’s care, including medical therapeutic, and education expenses.

Informed Consent

The doctors did not properly obtain and/or provide informed consent to the girl’s family. As a result of the doctors’ omissions, the plaintiffs suffered a great number of noneconomic damages including mental anguish, loss of ability to enjoy the normal pleasures of life, and unnecessary medical care and expenses.

Plaintiff’s Attorneys

Briggs Bedigian and Alicia Gipe of Gilman & Bedigian LLC. Bedigan has tried many different cases in Maryland courts, including general torts, professional malpractice and negligence, and over 25 medical malpractice claims since 2008. Bedigian has tried cases against University of Maryland Medical System five times since 2008 and against Johns Hopkins 15 times.

Defendant’s Attorneys

Neal M. Brown and Christina N. Billiet of Waranch & Brown LLC. Since 2008, Brown has defended clients in over 55 medical malpractice cases, while Billiet has defended clients in more than 35 medical malpractice cases.

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