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Successful verdict of $10 million won in fatal birth injury case

by | May 19, 2021 | Birth Injuries

We are proud to announce attorneys Chad Tuschman and Peter DeClark received a $10 million verdict in a wrongful death action in Napoleon after a 7 day trial with a unanimous 8-0 verdict.  The matter involved the birth of a term baby at Henry County Hospital in Napoleon, Ohio, on 8/3/15.  The child died due to perinatal asphyxia 2 hours after birth due to ongoing unrelieved cord compression with significant repetitive deep variable decelerations. An autopsy was performed and confirmed the child died due to perinatal asphyxia due to prolonged unrelieved cord compression. The defense tried to claim the term newborn died due to pulmonary hypoplasia (underdeveloped lungs) for which there was zero support within the medical records.  The hospital and midwife had a total of $4 million of insurance and the top offer before Trial was $410,000.00.

We are happy to have received an excellent verdict for our clients who have suffered a tremendous preventable loss and hope it will bring them some closure to the tragic situation.