$3.7 Awarded in Indiana Cerebral Palsy Case

Shannon Weidemann

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A child was born in 2001 via c-section and is now suffering from cerebral palsy. Her family believes it was a lack of oxygen during birth and that doctors were too slow in her delivery. A jury in Indiana agreed and awarded them $3.7 Million in the medical malpractice case.

Indiana limits medical malpractice awards, so the judgment on the three claims will be reduced to just under $2 million, said Mike Miller, the family's attorney. Most will be paid by the Indiana Patient's Compensation Fund.

But he hailed the Marion Circuit Court jury's verdict on Monday, one of the largest in recent memory in Central Indiana. Dr. Sally Bradley was assigned the bulk of the damages, with a $500,000 judgment against the hospital.

The girl, who is now 6-years-old, was born not breathing and took 12 minutes to start breathing on her own. In most cases cerebral palsy is caused from a lack of oxygen to the brain. Mental retardation affects 70% of those with cerebral palsy and many need to use walkers, braces, or wheelchairs for mobility.