Hospital in Johns Hopkins System Hit With $229M Verdict in Birth Injury Lawsuit
A Baltimore jury handed up the nine-figure verdict in a case over allegations that health care providers gave the mother inaccurate predictions about the possible outcome of the birth after she began to experience preeclampsia.
July 03, 2019 at 03:06 PM
3 minute read
A Baltimore jury has hit Johns Hopkins Bayview Medical Center with a more than $229.6 million verdict for allegedly causing a severe birth injury, according to attorneys representing the plaintiffs.
The verdict was handed up Monday afternoon after two weeks of trial before Judge Audrey J.S. Carrion of the Circuit Court for Baltimore City. According to attorneys, the verdict included $3.62 million in past medical expenses, $1.02 million in lost earnings, $25 million in non-economic damages and $200 million in future damages.
The lawsuit, Byrom v. Johns Hopkins Bayview, stemmed from allegations that health care providers at the hospital gave the mother, Erica Byrom, inaccurately dire predictions about the possible outcome of the birth after Byrom began experiencing preeclampsia. This inaccurate assessment, attorneys contended, led the mother to undergo an unmonitored vaginal delivery, when she should have instead undergone a cesarean section.
Mary Koch of Wais Vogelstein Forman & Offutt, who tried the case along with Keith Forman and Sarah Smith, said testimony from the providers helped convince the jury that the defendant was negligent and caused the injuries. Specifically, she said one provider testified that she went up the chain of command at the hospital regarding the plan that was given to Byrom because of concerns over possible media attention.
“I think that was a fact that was a very revealing fact,” Koch said.
According to the complaint, 16-year-old Byrom was admitted to Southern Maryland Hospital Center's labor and delivery unit Oct. 20, 2014, when the fetus was 25 weeks gestation. Later that evening, Byrom was transferred to Johns Hopkins via helicopter after Byrom started showing signs of a preeclamptic condition, according to the complaint.
The following day, providers began telling Byrom that the outcome for the baby was very poor, and that the infant could suffer neurological defects, paralysis and blindness, the complaint said. A neonatologist was consulted, who also explained that there was a high probability of death or severe neurodevelopmental disability, according to the complaint.
On Oct. 22, 2014, a doctor at the hospital discussed the situation, and Byrom eventually said she did not wish to undergo a C-section, and fetal monitoring was discontinued, the complaint said. Labor was induced the next day, and the baby, Zubida Byrom, was delivered Oct. 24. Zubida was immediately transferred to the NICU, where she was found to have no heart rate and no respiratory effect, the complaint said. The baby was intubated, and chest compressions started, and the baby was resuscitated, the complaint said.
According to Koch, Zubida developed severe cerebral palsy as a result of the alleged negligent care. She can't walk, and must rely on a feeding tube, Koch said.
All of the injuries, Koch said, stemmed from the hospital's inaccurate prognosis for delivery.
“They didn't give her correct information. They led her to believe her baby was going to die,” Koch said.
In an answer to the complaint, the hospital denied any negligence.
According to Koch, the defendant also contended that the injury occurred before the mother got to the hospital, and that it was Byrom who declined the C-section, so there was nothing they could do regarding the birthing method.
Michael Brown and Leianne S. McEvoy of Nelson Mullins represented Johns Hopkins Bayview Medical Center. Brown did not return a call seeking comment.
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