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Med Mal News
More Proceedings in $50 Million Birth Injury Case
A Georgia medical malpractice suit seeking $50 million in damages for a brain-damaged baby, Sutton v. Bauer , No. 2009A81944, alleged the child would not have been injured had he been delivered by cesarean section. The case was originally tried in August 2011 and ended with a hung jury. The defendants there included the obstetrician who delivered the injured baby, his practice group, OB-GYN Affiliates, and the hospital, WellStar Health System Inc. When the jurors were queried as they left the courthouse, they told plaintiff attorney Tommy Malone that they would have found WellStar blameless if they had been offered the opportunity to consider just that one defendant, independent of the doctor and his practice group. However, because they were divided as to the doctor's and practice group's liability, they could not come to a consensus. WellStar appealed the judge's decision not to allow a partial verdict but to declare a mistrial instead, but was unsuccessful. Since then, the hospital has settled with the plaintiffs. The remaining defendants were expected to argue in Georgia's Cobb County Court, as they did in the first trial, that a C-section was not clearly indicated, and that the baby's injuries more likely were caused by a pre-birth infection.
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