For many, the birth of a child is a joyous occasion filled with excitement. Sure, the thought of something going wrong is often in the back of expectant parent’s minds, but they’re easily shoved aside at the prospect of holding their new little bundle of joy. However, sometimes things do go wrong in the labor and delivery process, and while sometimes it’s just bad luck, other times the doctor or hospital makes a bad call, with devastating consequences for new parents. This was the case for one Ohio couple, Nicole Welker and Justin Brinkley, who gave birth to their child back in 2012 at Clearfield Hospital.
For many, the birth of a child is a joyous occasion filled with excitement. Sure, the thought of something going wrong is often in the back of expectant parent’s minds, but they’re easily shoved aside at the thought of holding their new little bundle of joy. However, sometimes things do go wrong in the labor and delivery process, and while sometimes it’s just bad luck, other times the doctor or hospital makes a bad call, with devastating consequences for new parents and a possible medical malpractice lawsuit. This was the case for one Ohio couple, Nicole Welker and Justin Brinkley, who gave birth to their child back in 2012 at Clearfield Hospital.
In a lawsuit filed by the couple, they “contended that the doctor ordered the use of the drug Pitocin to augment Welker’s labor as she struggled to give birth.” According to case documents and the couple’s lead attorney, Dominic Guerrini of Philadelphia, the Pitocin “caused contractions that limited the supply of oxygen to the child during birth.” As a result, the baby was born with “cerebral palsy and catastrophic disabilities.” But isn’t Pitocin a commonly used drug used to speed up labor? Well, yes. The problem was, according to the lawsuit, “there were signs that the baby was in distress because Welker’s labor was being monitored, but no action was taken to alleviate the problem.”
When faced with the accusations, the hospital and the couple’s doctor responded saying “the care Welker received did not violate medical standards.” Unfortunately for the hospital and doctor, a civil court jury in the U.S. District Court in Johnstown ruled in favor of the couple and awarded them $14.5 million. According to the verdict handed down by the jury, the couple’s doctor, “Dr. Thomas A. Carnevale, a specialist in obstetrics and gynecology, and the hospital were negligent in caring for the mother, Nicole Welker, during the birth of her son.”
The lawsuit itself, which was presided over by U.S. District Judge Kim R. Gibson, was filed in 2014 and “went to a two-week trial in January.” In determining how much to award the family, the jury had to consider many factors, such has the level of negligence of the doctor and hospital, and how much to give the child for future lost wages and other damages, like pain and suffering. In their verdict, they agreed that 60% of the responsibility fell on the doctor, while 40% fell on the hospital. As for how the $14.5 million was divided up? Well, about $1 million “will go for any wages the child might have received during his lifetime while $2 million was awarded as compensation for other damages such as pain, suffering, and loss of the child’s ability to enjoy life.” The remainder of the award will cover the boy’s future medical expenses through the year 2063.
As for how the child is doing now? According to Guerrini, he’s having “trouble putting on weight but cognitively is doing well, which is a good sign.” However, due to the complications of his birth, he can’t sit up on his own, walk, or talk.
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