Delayed C-Section Leads to $120 Million Malpractice Award: Implications for Obstetric Care Standards and Legal Precedents
A Michigan jury has awarded $120 million to the family of K’Jon Drake in a medical malpractice case against Henry Ford Health System. The verdict, delivered in March 2024, stems from a 2010 incident where a delayed cesarean section allegedly resulted in K’Jon suffering brain injuries and cerebral palsy. This case highlights the critical importance of timely decision-making in obstetric care and sets a significant precedent for malpractice awards in the state.
Key Points:
- The lawsuit alleged that a two-hour delay in performing a C-section led to oxygen deprivation, resulting in brain damage and cerebral palsy for K’Jon Drake.
- K’Jon, now 13, requires round-the-clock care and has a predicted life expectancy of 51 years.
- The jury found Dr. Leila Hajjar-Nolan and four nurses liable for K’Jon’s injuries.
- The $120 million award includes compensation for past medical expenses, future care costs, pain and suffering, and potential lost income.
- The Michigan Department of Health and Human Services joined the lawsuit as an intervening plaintiff due to significant state expenditures on K’Jon’s care.
- Henry Ford Health System plans to appeal the verdict, stating it does not believe the verdict is consistent with the case facts.
- The case was filed in 2020, taking advantage of an exception to Michigan’s typical two-year statute of limitations for medical malpractice cases involving birth injuries.
- Expert witnesses testified that K’Jon will require 24/7 care for life and that the delay in performing the C-section breached care standards.
- The verdict may serve as a reminder to the obstetrical community about the importance of prompt action in cases of non-reassuring fetal monitor patterns.
- Malpractice awards exceeding $1 million are becoming more common, particularly in states without damage caps.
- State legislatures across the country are planning to discuss damage caps, which could affect malpractice case regulations and insurance premiums.
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“This injury should have never happened. It was foreseeable and entirely preventable. We hope this verdict serves as a reminder to the obstetrical community that they should act expediently in the presence of non-reassuring fetal monitor patterns.”
— Brian McKeen, attorney for the Drake family
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