A $205 million birth injury lawsuit verdict, which is considered to be one of the largest medical malpractice awards in U.S. history was overturned by the Maryland Court of Appeals in the first week of February.
The lawsuit was brought by a woman for herself and her daughter against a Maryland medical center, claiming that her child suffered from cerebral palsy due to a misdiagnosis of preeclampsia by the doctors.
According to the court memorandum, in October 2014, the woman was admitted to the hospital after she showed signs of severe preeclampsia. The memorandum states that the doctors told the 25 weeks pregnant woman that her baby was viable outside of the womb and would die or be severely brain-damaged by a C-section procedure, following which she says she declined the procedure as per the doctors’ recommendations.
The woman was initially awarded $229 million by a Baltimore jury in July 2019, which was later slashed to $205 million due to malpractice caps that limit the amount plaintiffs can receive in a lawsuit.
In the recent hearing, a three-judge Court of Special Appeals panel overturned the verdict stating a lack of evidence during the trial. The ruling stated that the woman was provided with proper treatment options by the doctors and still she opted to have a vaginal delivery.
The child suffered the injuries as warned by the doctors and now requires round-the-clock care due to permanent neurological disabilities and a seizure disorder.