The New York Post reported in August that a jury awarded $100 million to a Staten Island family for a birth injury that caused their daughter to develop cerebral palsy. Stephanie Debes and her twin sister Amanda, now 17, were born three months early at St. Vincent’s Medical Center on Staten Island. According to the lawsuit, the girls’ premature birth resulted from lack of proper care. The jury determined that hospital staff acted negligently by failing to recognize Catherine Debes’ contractions before she went into labor and failing to prevent the pre-term delivery of her daughters.
As a result of her premature birth, Stephanie suffered a brain injury that resulted in cerebral palsy. According to the family’s attorney, Stephanie is “imprisoned in her own body” and “can’t even roll over in bed.” Her father describes her life as “a pretty lonely one” with few friends. He says the hospital failed to listen to his wife the night his daughters were born prematurely, giving her Benadryl and forcing him to go home.
The jury found St. Vincent’s liable for $17 million in past pain and suffering, $60 million in future pain and suffering, and payment for future medical expenses and lost wages, bringing the total estimated verdict to around $100 million. Unfortunately, because the hospital filed for bankruptcy in 2010, the actual payout will be limited to the insurance coverage of about $16 million. Two doctors were also defendants in the lawsuit, but the jury did not find them liable for any damages.
According to the New York Post, Stephanie reacted positively to the jury verdict, saying the award will help her to do whatever she wants in life and will give her a little more freedom. “I watch my twin sister go out with her friends to parties and stuff. I don’t get to do as much as the average teenager,” she said.
When a medical mistake made during pregnancy, labor or delivery results in birth trauma, parents may be entitled to compensation from a negligent hospital and/or healthcare provider. If your child suffered an injury at birth or was born with a birth defect, contact an experienced cerebral palsy attorney today. A cerebral palsy lawyer will review the facts of your case to determine whether your child’s birth injury may have been the result of medical malpractice.
