In September 2018 a jury in Oakland County Michigan delivered an award to a family that amounted to the biggest medical malpractice judgement in the state’s history. The young boy involved suffers from serious, severe, and lifelong complications from cerebral palsy. And, as the family’s lawyers successfully argued, his condition could and should have been prevented with better medical care at Beaumont Hospital where he was treated as an infant.
Medical Mistakes and Cerebral Palsy
The case was filed in 2016 but it began in 2006 when Vinh Tran was born. His mother, Yen Tran, delivered Vinh prematurely. He was healthy, though and mother and baby were discharged from the hospital without any significant delays.
The problems began right at birth but didn’t seem serious. Vinh was found to have developed hydronephrosis prenatally. This is a condition that causes the kidneys to swell but is usually minor. At two weeks old the baby had an ultrasound that showed the condition was ongoing. He then underwent another scan and was diagnosed with lupus, an autoimmune disorder.
During these tests at Beaumont Hospital in Royal Oak, Michigan, there were some complications. The staff struggled to establish an IV line. Once the IV was in there were some troubling signs. Vinh began to turn blue, and although his mother tried to point this out, the staff did not take immediate action. Eventually they did perform rescue breaths on the little boy but failed to do any chest compressions.
According to Yen Tran and her legal team, it was this failure to act appropriately and in a timely manner that caused Vinh to suffer brain damage from lack of oxygen. This ultimately then led to the development of cerebral palsy.
The Malpractice Lawsuit
As the complications and symptoms of Vinh’s cerebral palsy developed and the extent of the severity became evident, his family realized how much care he would need. Vinh is permanently disabled and will require lifelong care. Although cerebral palsy, which is a musculoskeletal condition with many possible complications, is not progressive it can also not be cured.
Vinh will need caretakers, medical treatments, assistive devices, educational interventions, and likely surgeries as well to treat his complications and symptoms throughout his life. He may not be able to work or earn a living. In other words, the lack of oxygen that caused brain damage that day at the hospital changed his life forever and rendered him permanently dependent on others.
Vinh’s family decided to file a lawsuit in 2016, looking for justice for their son, for the hospital to be held accountable for serious errors, and for compensation to cover his costs of care and to give him the best life possible.
The lawsuit ended in late September and resulted in a $130 million award to the family. This is a record-setting medical malpractice amount for Michigan. Unfortunately for the family the state has a cap of less than $1 million on non-economic damages in malpractice cases. The amount they were awarded is likely to be reduced as a result of the law. Furthermore the hospital plans to appeal the decision. In the meantime the family has won recognition and justice and will certainly receive some financial compensation to help their son.