MEMPHIS, Tenn., July 17, 2013 /PRNewswire/ -- A Memphis jury has found that delays in performing an urgently needed cesarean section resulted in a baby developing severe brain damage and cerebral palsy and awarded him $33.5 million to cover the cost of future health care needs and other damages.
The verdict, rendered unanimously Monday by a jury of 10 women and two men, was against obstetrician Gary Lipscomb, M.D, and his employer, UT Medical Group, Inc. The case number is 003764-07 in the Circuit Court for Tennessee for the Thirtieth Judicial District at Memphis, Shelby County.
"The jury delivered justice to this little boy, whose life was tragically and avoidably altered," said Steve Offutt of the law firm of Janet, Jenner & Suggs, LLC. Offutt served as lead trial attorney for the now eight-year-old child.
Jordan Long was born more than six hours after his mother was wheeled into a Memphis hospital at 10:45 a.m. on April 28, 2005, according to evidence presented at trial. She had just been seen by a doctor at the UT Medical Group's high risk obstetrical clinic, who sent her to the hospital "for delivery" along with test results showing her fetus was showing signs of stress and was at significant risk of injury if not delivered, evidence showed.
Evidence further revealed Jordan should have been delivered urgently following his mother's arrival at the hospital, but instead, a plan was set calling for surgery and delivery by 3:30 p.m., Offutt said. "Even at that, the deadline was missed by 79 minutes," he added.
Jordan was born with severe brain damage that left him with cognitive impairment, and a form of cerebral palsy known as spastic quadriplegia, which significantly restricts the ability to use arms and legs and control bodily functions.
Additional evidence presented at trial established that if the birth would have been accomplished even 15-to-20 minutes earlier Jordan's injuries would have been prevented, Offutt said. "Eight years later, the defendants finally conceded this point," he said.
Nichole Carter, Jordan's mother, said, "I am so thankful to Mr. Offutt and the firm of Janet, Jenner & Suggs for the hard work and financial resources they committed to Jordon's cause. I am equally thankful to the jurors who were especially attentive and obviously took this case very seriously."
Howard Janet, managing partner of JJ&S, praised Steve Offutt for helping to make a huge difference in Jordan's life. Janet added, "Securing full justice for clients in cases of this nature is no easy task. We have been litigating cases involving cerebral palsy caused by preventable birth injuries throughout much of the country for more than 30 years. We believe bringing errors of this nature to light will help prevent similar errors in the future."
Janet, Jenner & Suggs is a national plaintiff's law firm that practices extensively in the area of birth injuries and cerebral palsy, along with other forms of medical malpractice. The firm maintains offices in Maryland, South Carolina, New York, Massachusetts, Washington, DC, Pennsylvania, North Carolina, Minnesota, and West Virginia, but practices in many other states with special permission from the local court, and in conjunction with local counsel.
CONTACT Teresa Kelly
For Janet, Jenner & Suggs, LLC
SOURCE Janet, Jenner & Suggs, LLC