A jury has awarded $97 million to an Iowa family who filed a medical malpractice lawsuit against a local hospital and the obstetrician who crushed their baby's head during childbirth.
Andrew and Kathleen Kromphardt, the parents of Scotty, born in 2018, went through a four-year legal ordeal to find justice for what happened to their son. Due to the mistakes of the medical staff during the birth, Scotty suffered severe brain damage and will bear lifelong disabilities because of cerebral palsy.
According to The News & Observer, the jury took 90 minutes to deliberate the medical malpractice lawsuit filed against Mercy Hospital, Dr. Jill Goodman, and the OB-GYN Associates in Iowa following a 14-day trial in court. Reports cited that the compensation due to the Kromphardtf family is likely the largest award for such a lawsuit in Iowa.
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What Went Wrong with Scotty's Birth?
On August 11, 2018, Kathleen was rushed to Mercy Hospital at 1:00 p.m. after experiencing labor pains. After an hour, the baby showed signs of distress, so the hospital staff had to intervene in the delivery room.
Despite the intervention, Scotty was deprived of oxygen inside his mother's womb, leading to a hypoxic brain injury or a brain impairment due to a lack of oxygen. Goodman and the hospital staff used birthing instruments to force the baby out of the birth canal. The forceps fractured his soft and tiny skull while the vacuum extractor caused his brain to hemorrhage, per Cerebral Palsy Guidance.
Scotty survived the trauma of his birth, but his family decided to transfer him to the University of Iowa Hospitals due to his delicate condition. The doctors at this hospital confirmed that the baby suffered a fractured skull. Further tests of Scotty showed that he developed seizures, facial nerve palsy, and an ischemic brain injury.
Per the Kromphardt family's legal team, the obstetrician had enough time to switch the delivery to a cesarian birth instead of vaginal birth. However, Goodman chose not to make the call and proceeded with the natural birth.
"If the baby had been born by C-section between 3 and 3:45 p.m. the baby wouldn't have any injuries," one of the family's lawyers, Fred James, told The Gazette.
How is Scotty Today?
Today, Scotty, 3, lives with terrible brain damage and a learning disability. While he can stand, he is not yet able to walk without any assistance. Scotty will require 24/7 medical care for the rest of his life, which means he will not be able to go to school or work when he's older.
It is understood that the defendants will appeal the jury's decision during the post-trial round. They will likely file for remittitur to implore a judge to review the verdict. This could potentially lower the money to be awarded to the Iowa family.
Legal experts said that appeals in medical malpractice lawsuits could take months or years. The hospital might also confidentially settle with the Kromphardts.
