A tragedy occurred at the federally funded Jessie Trice Community Health Center when baby Earl Reese-Thornton was born with a severe brain injury after Dr. Atogho failed to offer and perform a C-section and “continued the administration of the contraindicated delivery drug Pitocin.” Fortunately, the law firm, Mallard & Sharp, P.A., that represented the heartbroken parents, won a “$33.8 million verdict on behalf of a brain damaged baby,” and the Court found that “Dr. Atogho’s failure to offer and perform a C-section was gross negligence and caused the brain injury that resulted in baby Earl Reese-Thornton requiring 24-hour care for the remainder of his life.”
The birth of a first child is supposed to be an exciting occasion. However, for one family the birth of their first resulted in tragedy. The tragedy occurred at the federally funded Jessie Trice Community Health Center when baby Earl Reese-Thornton was born with a severe brain injury after Dr. Atogho failed to offer and perform a C-section and “continued the administration of the contraindicated delivery drug Pitocin.”
Fortunately, the law firm, Mallard & Sharp, P.A., that represented the heartbroken parents, won a “$33.8 million verdict on behalf of a brain damaged baby,” and the Court found that “Dr. Atogho’s failure to offer and perform a C-section was gross negligence and caused the brain injury that resulted in baby Earl Reese-Thornton requiring 24-hour care for the remainder of his life.”
In addition to failing to offer or perform a C-section, Dr. Atogho busied himself for the “90 minutes that baby Earl was in an emergent condition” by delivering another baby and talking to his stock broker on the phone for eight minutes. According to court documents, he even “created a false entry in the medical chart stating that the mother declined a C-section.” However, witnesses spoke up proving that the doctor never even offered the C-section, even though one was requested by the mother.
While what transpired is tragic and heartbreaking, the family, along with their attorney, Vidian Mallard of Mallard & Sharp, are relieved that baby Earl’s “medical and financial needs will be met for the rest of his life.” However, as Mallard pointed out, “the Court’s verdict clearly states that Dr. Atogho’s negligence caused baby Earl’s injury, but the U.S. Government has not accepted responsibility and has threatened an appeal. Meanwhile, baby Earl continues to suffer without getting all the care he so desperately needs.”
Of the $33.8 million, $3.3 million will go to the baby’s mother and $1.1 million will go to the father for pain and suffering. The baby has been awarded $21.7 million for economic damages and $7.6 million for his pain and suffering.
Sources:
Miami Medical Malpractice Attorneys Win $33.8 million in Traumatic Brain Injury Case
Miami Gardens family wins $33.8 million medical malpractice award against federal government
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