Family Awarded 6.2 Million in Birth Injury Lawsuit

By Brittany Golledge

Published on September 12, 2005

The jury awarded $6.2 million in damages after finding Dr. Roy Defries liable on three of five counts brought by the plaintiffs, Kenneth Baumgart and Janella Baumgart, parents of Amelia Baumgart, who suffered from severe retardation and quadriplegia since birth.

The Baumgarts filed suit against Defries, the physician who handled the delivery, claiming that his negligence caused severe oxygen deprivation in the womb. The suit was based on allegations that Defries was negligent in declining the assistance of an obstetrician during the delivery. Despite using instruments, the Baumgarts argue that Defries was unable to complete the delivery until it was too late, and significant brain damage had occurred.

Jurors rejected an argument from Defries' attorney that Amelia had a pre-existing condition that factored into her birth injuries. The Baumgarts were awarded $3 million for negligence, $2.5 million for emotional pain and suffering, and $700,000 for damages associated with Amelia's recent death.

Because Indiana law currently caps medical malpractice awards at $1.25 million, it is unlikely that the Baumgarts will receive the full amount of compensatory damages.

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