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Burton-Lister v. Siegel, Sivitz and Lebed Associates

In medical malpractice suit, judgment for mother and daughter affirmed; court's submission of claim to jury was supported by discovery rule; court did not abuse its discretion in refusing to grant defendants a new trial.

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� 1 This is an appeal from a judgment awarding $200,000 to Appellee Karen Burton-Lister, and $1,800,000 to her daughter, minor Appellee Tiffany Burton-Lister, in an action for medical malpractice.

� 2 On October 18, 1990, Appellee Tiffany Burton-Lister was born by Caesarian section after it became clear that the disproportion between the infant’s head circumference and the size of her mother’s pelvis made vaginal delivery impossible. Prior to the birth, Appellee Karen Burton-Lister had been given Pitocin to stimulate labor. After approximately seven hours, when labor failed to progress and fetal distress was noted, the surgical delivery was performed; the baby’s head was found to be wedged in the mother’s pelvis.

� 3 When the minor Appellee was one year old, she was diagnosed with brain damage manifested as cerebral palsy and right hemiparesis; later, various cognitive deficits were also noted. This action was commenced on September 28, 1998, alleging that negligence on the part of Appellant obstetricians had resulted in the injuries to the minor Appellee. At trial, the jury awarded Appellee a total of $2,000,000, to which the trial court added $209,929.60 in delay damages. This appeal followed.

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