Wayne County Jury Awards Mom, Son More Than $120 Million in Medical Malpractice Lawsuit Over Delayed C-Section
In what is considered to be one of the most significant jury verdicts, a Michigan mom has been awarded more than $120 million in damages in a medical malpractice lawsuit against the Henry Ford Health System. Kirsten Drake and her son K’Jon were the plaintiffs in a case that began on March 4, 2024, with the jury delivering its verdict on March 28. The hospital has since signaled it intends to appeal the verdict.
A Delayed C-Section
According to one of the attorneys representing the family, Brian Mckeen, the Detroit mother arrived at the Henry Ford Hospital in Detroit at term but not near delivery. She was more than 39 weeks along, and K’Jon was fine.
After she was admitted, the fetal monitor indicated “nonreassuring fetal heart tones.” In layman’s terms, this simply means that K’Jon was not coping well with the stress of labor. As such, a C-section was called for.
However, the procedure was delayed for more than 2 hours, with Drake’s attorneys stating that K’Jon was not born until 2 hours and 19 minutes after the C-section was called for.
As a result, he suffered severe asphyxiation, resulting in cerebral palsy and permanent brain damage.
The Effect
Currently, K’Jon suffers from severe permanent damage and has a seizure disorder. He is non-verbal and needs to wear leg braces and be moved in a wheelchair. Furthermore, his vision is extremely limited and is completely dependent on his mother and grandmother, according to a statement from the attorney’s facilitation summary.
The Damages the Family Sought
According to the summary, the family is seeking to hire professionals to facilitate home care and therapy for K’Jon, but they cannot afford this level of treatment. Furthermore, the family would like to build a house with more space to accommodate K’Jon’s special needs, who may live to his fifties and beyond.
The Verdict
The Jury awarded the family more than $120 million in damages after winning the medical malpractice lawsuit. The verdict form lists more than $517,000 in past economic damages for medical expenses for K’Jon up to the present. Of this figure, the Michigan Department of Health and Human Services paid $242,000.
It also lists past non-economic damages for pain and suffering of up to $1.25 million for K’Jon. It also lists estimated economic damages year by year up to 2065. This includes future damages for loss of economic capacity from June 2028, when K’Jon will turn 18 through 2077. It also lists future non-economic damages for pain and suffering, mental anguish, and denial of social pleasure and enjoyment up to 2065.
“Medical negligence can cause life long injuries to victims. Talk to a personal injury lawyer if you believe your doctor’s actions or lack thereof led to your injuries,” says personal injury attorney Christopher Largey of Largey Law.
Conclusion
K’Jon’s case highlights the importance of reporting medical malpractice cases. If you or your loved one has suffered through the negligent actions of a medical practitioner, it is imperative that you talk to a personal injury attorney. While you may be worried about constraints like the statute of limitations, you should know that these laws are not set in stone. For instance, while the statute of limitations is two years, it can stretch to ten years for birth injuries, as was the case with K’Jon.
A good personal injury lawyer will analyze your case and offer a detailed explanation of your legal avenues. They will also help you file the claim and negotiate with the liable parties.
