PRESS RELEASE
DETROIT – March 29, 2024– McKeen & Associates attorneys Brian McKeen and John LaParl, along with a Michigan Health and Human Service attorney, won a jury verdict in Wayne County Circuit Court yesterday for $120 million on behalf of a boy who suffered a birth injury at Henry Ford Health System.
The jury found Henry Ford Health System and the attending obstetrician and nurses were negligent in failing to perform a timely Caesarian section resulting in severe birth injuries.
The baby’s mother arrived at Henry Ford Hospital in June 2010. She was at term, but not near delivery. Sometime after admission, the fetal monitor indicated “non-reassuring fetal heart tones” and a Caesarean section was called for. Because the procedure was delayed more than two hours, the infant suffered from severe asphyxiation resulting in cerebral palsy and permanent brain damage. The boy will require lifelong care.
The Michigan Department of Health and Human Services joined the case against the defendants due to the exorbitant cost they have incurred for the medical care for the child, who is now 13 years old.
“When a fetal monitor indicates ‘non-reassuring heart tones’ it is a call to action and time is of the essence to prevent the kind of injury this child suffered,” said Brian McKeen. “It is outrageous that there was a more than two-hour delay for something that needs to be performed urgently.
“This child will need medical and home care for the rest of his life and while we cannot give him the quality of life he would have had but for this injury, we can only hope to give his additional therapies and services to help him deal with his disabilities and protect from the possibility of an early demise. This injury should have never happened. It was foreseeable and entirely preventable. We hope this verdict serves as a reminder to the obstetrical community that they should act expediently in the presence of non-reassuring fetal monitor patterns.”
McKeen & Associates, P.C. is a leader in representing individuals injured by the negligence of others, particularly in or by hospitals and physicians. In addition, McKeen & Associates, P.C. has successfully represented clients injured in a variety of other circumstances. Based in Detroit, McKeen & Associates represents clients in both federal and state courts brought throughout Michigan and the United States. For more information, visit www.mckeenassociates.com.
