Iowa Woman Wins $13.5 Million in Birth Injury Lawsuit
By Daniel Hawn
Published on September 11, 2007
Trial attorney Mark Pennington, who was not involved in the case, said that such a large malpractice verdict is unusual in Iowa, where juries rarely side with plaintiffs in medical negligence cases.
According to the lawsuit, Debra Gardner, 27, of Leon, Iowa, delivered her son, Nathaniel, at Broadlawns Medical Center in Des Moines in 2002. Gardner's attorneys say that doctors at the hospital failed to properly monitor Nathaniel throughout the Caesarian section delivery. During the procedure, Nathaniel was deprived of oxygen for up to 25 minutes, causing him to develop cerebral palsy, the suit states.
Nathaniel, now 4, is unable to speak or walk and has trouble controlling his bladder and bowels, said Gardner's lawyer.
An attorney for the hospital said the verdict will be appealed. He added that while Broadlawns sympathizes with Gardner and her son, it doesn't believe that its doctors' actions caused Nathaniel's condition.
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