May 29--A Milwaukee County jury has awarded $23.3 million to a brain-damaged child and his young mother in a medical malpractice case.
The verdict was returned late Thursday against physician Donald Baccus and the Injury Patients and Families Compensation Fund and in favor of 5-year-old Laron Birmingham and his mother Kishia Lee. The jury found no negligence on the part of St. Joseph Regional Medical Center.
The jury deliberated most of Thursday. The trial began May 10 before Circuit Judge Maxine White.
The case was tried by Jeffrey M. Goldberg, who has offices in Milwaukee and Chicago. He said the plaintiffs contended that Lee had gone into prolonged labor in May 2005 and had other signs of trouble that should have prompted Baccus to do a Cesarean delivery. Instead, Goldberg said, Baccus had a medical resident deliver Laron with forceps, resulting in brain damage.
Milwaukee attorney David Lowe, guardian ad litem for Laron, said he has cerebral palsy and will never be able to live independently or be employed.
The damages are intended to compensate Laron for past and future medical expenses, pain and suffering, loss of income and his mother's personal loss, according to Goldberg and Lowe.
Baccus' attorney, James Gutglass, said his client and the other defendants "certainly empathize for the plaintiffs on the unfortunate outcome of this delivery," but that Gutglass is confident Baccus handled the birth carefully, thoughtfully, and, as experts testified, without negligence.
Gutglass said he plans "a vigorous appeal of the verdict."
The attorney for the patient compensation fund did not return a call.
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