Navy family awarded $11.5 million in medical malpractice suit at Guam Military Hospital
October 10, 2019
A medical malpractice lawsuit against a U.S. Naval hospital brought about by a Virginia couple whose son sustained serious injuries during birth has been settled by the federal government. The couple will receive $11.5 million for the care of their son, who is now five years old.
The couple were both Naval officers and were stationed in Guam in 2014 when their son was born. The baby suffered serious and permanent brain damage as a result of the alleged negligence of a physician who attended to the child after birth. The boy requires lifelong care.
The child was deprived of oxygen during birth after he aspirated meconium (fetal stool) during birth. The pediatrician who was present at the birth did not use the necessary tools to suction the baby’s airways, and as a result did not adequately resuscitate him. Another provider eventually stepped in and cleared the child’s lungs, but the boy had already suffered irreversible brain injuries as a result of hypoxia.
Had the baby been properly treated immediately after birth, he would not have suffered the extreme injuries has sustained.
The boy’s parents sought $150 million in their lawsuit. The federal government agreed to pay $11.5 million but it does not admit to any wrongdoing. Had the child been born and injured in Virginia, where his parents live, there would have been a $2.5 million cap on an award from a medical negligence case. Because the birth occurred in Guam where no such limit exists, the couple was able to receive much more.
After legal fees, the couple will be paid one million dollars directly and the rest of the money will go into a trust for the boy. He will be paid a guaranteed monthly amount for the rest of his life.