Baby suffers brain damage, additional surgery needed to remove sponge from mother
United States of America (Press Release) February 28, 2008 --
Indianapolis, Indiana - In spite of a panel of three physicians finding no medical malpractice, an Indiana woman and her brain-damaged daughter were awarded $3,700,000 in a Marion County Circuit Court trial.
The jury found multiple medical mistakes that required additional surgery for the mother and led to a diagnosis of Cerebral Palsy for the child. Cerebral Palsy is a brain injury caused by trauma at birth, in this instance; it was caused by a lack of oxygen.
The mother, Robin Lynch, principal at Oak Trace Elementary School in Westfield, Indiana was 36 ½ weeks pregnant with her second child, Shelby Lynch, when she presented to St. Vincent’s Hospital, Indianapolis, Indiana. Her water had broken on the way to the hospital and she was also bleeding. Despite continuous bleeding and contractions for over an hour, a C-section delivery was delayed until Shelby showed signs of fetal distress. As a result of the delayed C-section, the mother developed a life-threatening bleeding disorder known as DIC and lost half of her blood volume; the baby did not breathe until 12 minutes of life and was diagnosed with Cerebral Palsy. Three days after the delivery, Robin underwent a second operation after an x-ray revealed a sponge was not removed at the end of her C-section. Shelby has also required surgery as a result of her CP and will undergo at least one additional surgery in the future.
The Medical Review Panel found no malpractice against Dr. Sally Bradley and Women’s Health Partnership, but Mike Miller of the law firm, Montross Miller Muller Mendelson & Kennedy, said, “After the physician panel found no malpractice, we turned to the Marion County Circuit Court for justice. We were inspired by Shelby’s will to live and had faith in the jury system to help her with her future needs.”
Indiana Medical Malpractice Law requires most medical malpractice cases to be reviewed by a physician panel. The panel’s decision is admissible at trial, but is not binding on a jury.
After a 5 day jury trial, the jury returned a verdict against Dr. Bradley and her group, Women’s Health Partnership, awarding Shelby Lynch $3M and Robin Lynch $200K. The jury also found against St. Vincent’s Hospital, Indianapolis, Indiana and awarded Robin Lynch $500K as a result of the retained sponge.
For more information, contact: Steve Barry,
steve@barryconsulting.net 317-545-4534
About Montross Miller Muller Mendelson & Kennedy
Montross+ Miller Muller Mendelson & Kennedy* is a law firm serving people injured from medical malpractice, wrongful death, and serious personal injury. Headquartered in Indianapolis, Indiana for nearly 30 years, it has grown to become one of the largest plaintiffs’ firms in Indiana.
+not a member of the Miller Muller Mendelson & Kennedy partnership *an association of lawyers
The jury found multiple medical mistakes that required additional surgery for the mother and led to a diagnosis of Cerebral Palsy for the child. Cerebral Palsy is a brain injury caused by trauma at birth, in this instance; it was caused by a lack of oxygen.
The mother, Robin Lynch, principal at Oak Trace Elementary School in Westfield, Indiana was 36 ½ weeks pregnant with her second child, Shelby Lynch, when she presented to St. Vincent’s Hospital, Indianapolis, Indiana. Her water had broken on the way to the hospital and she was also bleeding. Despite continuous bleeding and contractions for over an hour, a C-section delivery was delayed until Shelby showed signs of fetal distress. As a result of the delayed C-section, the mother developed a life-threatening bleeding disorder known as DIC and lost half of her blood volume; the baby did not breathe until 12 minutes of life and was diagnosed with Cerebral Palsy. Three days after the delivery, Robin underwent a second operation after an x-ray revealed a sponge was not removed at the end of her C-section. Shelby has also required surgery as a result of her CP and will undergo at least one additional surgery in the future.
The Medical Review Panel found no malpractice against Dr. Sally Bradley and Women’s Health Partnership, but Mike Miller of the law firm, Montross Miller Muller Mendelson & Kennedy, said, “After the physician panel found no malpractice, we turned to the Marion County Circuit Court for justice. We were inspired by Shelby’s will to live and had faith in the jury system to help her with her future needs.”
Indiana Medical Malpractice Law requires most medical malpractice cases to be reviewed by a physician panel. The panel’s decision is admissible at trial, but is not binding on a jury.
After a 5 day jury trial, the jury returned a verdict against Dr. Bradley and her group, Women’s Health Partnership, awarding Shelby Lynch $3M and Robin Lynch $200K. The jury also found against St. Vincent’s Hospital, Indianapolis, Indiana and awarded Robin Lynch $500K as a result of the retained sponge.
For more information, contact: Steve Barry,
steve@barryconsulting.net 317-545-4534
About Montross Miller Muller Mendelson & Kennedy
Montross+ Miller Muller Mendelson & Kennedy* is a law firm serving people injured from medical malpractice, wrongful death, and serious personal injury. Headquartered in Indianapolis, Indiana for nearly 30 years, it has grown to become one of the largest plaintiffs’ firms in Indiana.
+not a member of the Miller Muller Mendelson & Kennedy partnership *an association of lawyers
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