Jury Awards 7.1 Million in Cerebral Palsy Lawsuit

By Brittany Golledge

Published on December 07, 2005

A St. Clair County jury has awarded 7.1 million dollars to the family of a young boy who developed cerebral palsy shortly after being discharged from Memorial Hospital in Belleville, Illinois.

Plaintiffs Amy and Scott Bauer filed the lawsuit after their son developed cerebral palsy, a condition they believe was triggered by hypoglycemia. The lawsuit alleges that hospital officials failed to recognize signs of hypoglycemia in the infant immediately following his birth, including a low body temperature and lack of appetite. Attorneys for the Bauer's also allege that hospital staff prematurely discharged Amy Bauer and her son just two days after the birth.

Throughout the trial, officials from Memorial Hospital maintained that the boy's cerebral palsy resulted from hyperinsulinemia, a genetic condition that causes hypoglycemia in newborns. Attorneys for the hospital argued that doctors and nurses had done everything in their power to help the child.

The jury disagreed, finding the hospital liable and awarding the plaintiffs $3 million in non-economic damages and over $4 million for present and future medical expenses and the cost of caretaking.

The jury award is one of the first handed down since Illinois passed a law in August limiting non-economic jury awards in medical malpractice lawsuits to half a million dollars. Because the events of the Bauer case occurred in 1998, the jury award will not be reduced in accordance with the law. Memorial Hospital plans to appeal the verdict.

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