Saturday, March 28, 2020

A family in Cleveland, Ohio was awarded $28.7 million following a civil trial in Trumbull County this fall 2016.

The plaintiff was the boy, by and through his parents.  The boy is now nearly five years old, and was born with cerebral palsy as a result of oxygen deprivation in 2012.

Judge Peter Kontos, a judge on the Trumbull County Court of Common Pleas General Division in Warren, OH, awarded $24.9 million for the boy’s future care, $2.9 million for his lost earning capacity and $500,000 each to the child’s parents for noneconomic losses.

The case was against Nicole Prusky RN. Although the original lawsuit named an obstetrician and two nurses, Prusky was the only defendant left in the lawsuit when the case went to trial. The case court documents alleged the defendant overlooked symptoms of fetal distress. 

According to court documents, the boy was born at Trumbull Memorial Hospital.  The hospital offers inpatient and outpatient medical and surgical services from emergency, childbirth and other diagnostic and therapeutic services. 

In the boy’s case, despite using a fetal heart monitor, the signs and symptoms of fetal distress were unrecognized and were not acted upon.  The award was based on the plaintiff proving negligent care caused a lack of oxygen to the boy during delivery.  Negligence requires four elements:  duty, breach, causation, damages.  The alleged negligent care resulted in irreversible injury to the boy’s brain which caused developmental delays. 

Due to the injury, the plaintiff cannot function without assistance.  He needs help with personal care for bathing, dressing, positioning, hair, and mouth care throughout his life, which may later result in the need for a 24/7 caregiver.  He also has limitations in communications and walking and is currently unable to control his arms and legs.

The plaintiff’s attorney, Chris Mellino, is the author of the book “Was It a Mistake? Your Ohio Medical Malpractice Questions Answered.”  The book covers what to expect when filing a medical malpractice claim in Ohio. 


Read the article here.