A federal judge in Nashville, TN, has awarded $15.1 to a teen who sustained a severe brain injury at birth at the Fort Campbell Army hospital.
NASHVILLE, Tenn., Feb. 4, 2020 /PRNewswire/ -- A federal judge in Nashville, TN, has awarded $15.1 to a teen who sustained a severe brain injury at birth at the Fort Campbell Army hospital.
U.S. District Court Judge Aleta A. Trauger ruled Jan. 28, that Blanchfield Army Community Hospital, Clarksville, TN, committed medical malpractice in not fully informing Kelly D. Wilson, the boy’s mother, of the dangers of a vaginal delivery given her medical history, small stature, and short time since her last pregnancy.
Had Wilson received accurate information, she likely would not have chosen to delivery vaginally and the baby would not have been injured, the judge concluded.
“It’s heartbreaking to know I went into the hospital with a healthy son and that his injuries never should have happened,” Wilson said. “I’m grateful Judge Trauger awarded enough to fund my son’s life care plan and to compensate him for his disabilities.”
The teen, 15, sustained a severe brain injury as the result of oxygen deprivation toward the end of his mother’s labor, which ended in an emergency caesarean. He has cerebral palsy and other neurological deficiencies and cannot speak or feed himself.
Court Ruling Affirms Patients’ Rights
“The judge basically said it’s not enough to walk a patient through a general consent form. The doctor must factor in a patient’s individual risks as well, and counsel her accordingly,” said Gerald Jowers, a partner with Janet, Janet & Suggs law firm, who represented the family.
“The award is a big victory for the rights of patients to be fully informed about their choices. It also sends a clear message to military hospitals that lax care will not be tolerated,” said Kenneth M. Suggs, a partner with JJS and a Vietnam veteran, who also represented the family.
“Steps must be taken to improve military hospitals if our servicemen and women are to receive the care they deserve,” added Howard A. Janet, JJS founding partner.
Wilson and the boy’s father, Delvin D. Tavarez, filed suit in 2015, under the Federal Tort Claims Act. Wilson served three years in the Army and is an Iraq veteran. She was stationed at Ft. Campbell at the time of her son’s birth.
The case is A.J.J.T., et al, v. United States, Case No. 3:15-cv-01073, U.S. District Court, Middle District of Tennessee.
About Janet, Janet & Suggs
Janet, Janet & Suggs is a leading national medical malpractice law firm known for taking on military and other hospitals to obtain justice for injured patients. JJ&S attorneys are recognized for securing fair compensation for brain-injured children and their families and others severely hurt by medical negligence. Our victories include a $13 million settlement for a child who developed cerebral palsy as the result of poor post-operative care at a U.S. government-employed hospital, and an $11.5 million settlement for a child brain-injured at birth as the result of delayed resuscitation at a Naval hospital.
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