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DISCLAIMER: The above results are specific to the facts and legal circumstances of each of the above clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

Virginia Supreme Court Upholds $3.3 Million Award and Settlement To Mother and Son for Birth Injuries

We represented a mother and her infant son for injuries that occurred during the delivery process. The mother had experienced a placental abruption while her son was in utero causing him fetal distress due to a lack of oxygen supplied through the umbilical cord. The obstetrician failed to appreciate the fetus' distress and failed to delivery him by c-section in a timely fashion. As a result, the child suffered irreversible neurological injury due to the loss of oxygen to his brain. During the early part of the case, a loophole in the obstetrician's insurance policy was discovered that provided separate coverage to the mother and her son -- i.e. in effect doubling the amount of available insurance coverage. Prior to trial, the son's claim was settled for $1.7 million, which was the maximum allowed under Virignia law at the time. The mother's claim went to trial, where a jury awarded her $1.6 million for her emotional distress. This verdict was appealed to the Virginia Supreme Court, but denied.

Awarded: $3,300,000.00


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Shevlin Smith
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Fairfax, VA 22030
Phone: (703) 591-0067
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