Woman Awarded $35 Million in Childbirth Malpractice Lawsuit

A woman who was paralyzed after the birth of her child has been awarded $35 million in a childbirth malpractice lawsuit in Boston. The plaintiff in this case suffered a stroke shortly after the delivery of her daughter, which was due to brain abnormalities discovered four years before her pregnancy. The physician that diagnosed the brain abnormalities allegedly did not follow proper protocol to enter the condition into a national database, leaving the woman’s obstetrician in the dark about the potential complication.

Dizzy spells and brain abnormalities

In 2004, Andrea Larkin suffered dizzy spells after running the Boston Marathon. She had her symptoms checked at Dedham Medical Associates, which diagnosed the brain abnormalities after performing an MRI and a CAT scan. The discovery required Larkin’s physician to report the abnormalities to a special list that could be accessed by any other physicians providing care to Larkin. However, the physician, Dr. Jehane Johnston, failed to place Larkin on the database at that time.

Four years later, Larkin became pregnant with her first child. Because her condition was not recorded on the special list, Larkin’s obstetrician was unaware of the potential complication. Larkin delivered her daughter through a normal labor and vaginal delivery, despite the fact that this type of delivery could cause complications with her current brain condition.

Stroke follows delivery

Just hours after giving birth, Larkin suffered a severe stroke that left her completely paralyzed except for one of her arms. Larkin also has difficulty communicating since her stroke. Both complications have persisted for seven full years, even as Larkin has tried to bring up her daughter despite her disabilities. She now requires 24-hour care, which costs the family approximately $200,000 per year.

Larkin and her husband filed their childbirth malpractice lawsuit against Dedham Medical Associates and Dr. Johnston, alleging that if Dr. Johnston had entered her condition in the database, her obstetrician would have been aware of the potential complication. Instead of allowing Larkin to deliver vaginally, the OB would have likely performed a cesarean section, eliminating the possibility of post-delivery complications like Larkin’s stroke.

In May, a jury sided with the plaintiff in this lawsuit and awarded Larkin $35 million plus interest, which will bring the total award to around $41 million. The defendants told the Boston Globe that they were “disappointed” in the jury’s decision and plan to pursue “all available legal measures.”

Complications during childbirth

Most childbirth stories have a happy ending, with a healthy mother and baby ready to head home shortly after the delivery. However, risks associated with childbirth can lead to medical malpractice during delivery, if hospital staff is not aware of potential complications and acts quickly to prevent them. Injuries to the child, such as brachial plexus injuries and bone fractures can impede a child’s development and require extensive medical treatment in the early years of the child’s life. Complications that impact the mother can also be disabling and even deadly in some situations.

When delivery room negligence occurs, the consequences can be life-changing for the mother, child and the rest of the family. Legal action may help the family pursue damages for related injuries to help pay medical bills and other expenses that might arise in this challenging situation.

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