In Iowa City, an Iowa couple, Andrew and Kathleen Kromphardt, received a nearly $98 million civil verdict after suing Mercy Hospital following their newborn’s permanent brain damage caused by improper use of forceps and a vacuum during delivery. The couple’s medical malpractice lawsuit, filed by an Iowa brain injury lawyer, accused Mercy Hospital, Dr. Jill Goodman, and OB-GYN Associates of negligence throughout Kathleen’s pregnancy, labor, and delivery in 2018.
A Johnson County jury found the hospital and clinic equally negligent and responsible for the damages awarded to the Kromphardts, amounting to $97.4 million, including future medical care, loss of earning capacity, and pain and suffering. This award came at the end of a 14-day trial that began on March 1.
The couple’s brain injury attorney highlighted the egregious malpractice by OB-GYN Associates and Mercy Hospital, which resulted in the baby, Scotty, suffering permanent brain damage. The jury, deliberating for about 90 minutes, delivered the verdict on a Monday afternoon.
Mercy Iowa City expressed disappointment in the verdict and stated they would consider all available options, emphasizing their commitment to high-quality patient care. According to the Des Moines lawyer involved, three main issues led to the infant’s injuries: failure to perform a cesarean section despite fetal distress, improper use of forceps that resulted in a skull fracture, and subsequent use of a vacuum that caused further brain hemorrhaging.
Following the traumatic birth, the infant was diagnosed with ischemic brain injury, seizures, facial nerve palsy, and skull fracture with subdural hemorrhage. The baby spent 46 days in the newborn intensive care unit and was discharged on September 26, 2018. Now three years old, Scotty has cerebral palsy, a learning disability, and requires 24-hour care for the rest of his life.
Despite the significant jury award, legal experts caution that the Kromphardts may face a lengthy process before receiving any compensation. If the judge finds the evidence insufficient to support the verdict, the amount could be lowered, prompting the plaintiffs to request a new trial.
What To Expect In A Brain Injury Lawsuit
If you’ve filed a lawsuit for compensatory damages from a brain injury, bear in mind that this is a complex and lengthy process involving several key stages. Initially, you will consult with a brain injury attorney who evaluates the specifics of your case, including the cause of the injury, medical records, and potential liability. Your attorney then files a complaint against the responsible parties, which may include individuals, companies, or institutions.
The discovery phase follows, where both sides gather evidence, including medical records, accident reports, witness statements, and expert testimonies. This phase can be extensive and often involves depositions and interrogatories to build a comprehensive case.
Another reason brain injury cases take so long is because many victims require lifelong personal and medical care. Estimates for this cost are often disputed – this could be a sticking point in negotiations. Working with an experienced Iowa brain injury lawyer can help you achieve a better outcome than you may on your own.
Legal Advice For Brain Injury Victims
If you or someone you love has suffered a brain injury, you could be eligible to file a lawsuit for negligence against the at-fault party. You can learn more in a free consultation with a compassionate Iowa brain injury lawyer from Des Moines Injury Law. Call us today.
