Family Wins $60 Million in Medical Malpractice Case Involving Hospital
By Daniel Hawn
Published on November 28, 2005
In Hialeah, Florida a federal judge issued a $60.9 million verdict in favor of the parents of a boy who incurred severe brain damage while being delivered at a Navy hospital.
Raiza Bravo and Oscar Rodriguez were the recipients of the award issued under the Federal Tort Claims Act. This Act permits private citizens to seek compensation from the federal government for the negligent behavior of its workers.
According to court records, Bravo was taken to the Mayport Naval Station obstetric clinic to have her baby delivered two years ago. There, doctors delivered her baby boy, Kevin, via Caesarian section.
Today, Kevin suffers from severe brain damage. He is unable to see, speak, or swallow. His arms and legs are immobile, and he only reacts to painful stimuli. Experts believe that he will not live beyond 21.
In court, the prosecution argued that Kevin's injuries resulted from doctors delaying the C-section delivery too long.
Defense attorneys claimed that Kevin suffered from an infection prior to being delivered, and that one of the attending physicians was not employed by the government but had been independently contracted.
U.S. District Judge Jose A. Gonzalez brought the birth injury case to a close Wednesday when he decided that the Naval Station doctors did not act in accordance with established medical standards and were responsible for Kevin's injuries.
The $60.9 million award is thought to be the largest ever issued under Federal Tort Claims Act.
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