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Virginia Beach Family Awarded $2.3 Million in Birth Injury Case


Posted on Jan 22, 2011

A recent settlement in a Virginia medical malpractice lawsuit awarded $2.3 million to the family of a permanently disabled child.  The child, now five, was showing signs of distress when her mother checked into the Portsmouth Naval Medical Center.  However, nurses and doctors did not immediately respond to the distress and the baby was born via c-section with extensive and permanent neurological injuries to include cerebral palsy

She was intubated and taken to Children's Hospital of The Kings Daughters.  During the c-section it was discovered that the placenta had detached from the uterine wall, causing a loss of oxygen to her brain.     

The federal government will be responsible for paying the family the $2.3 million.  Of this total the family's attorney will receive approximately $675,000.  $54,000 will go toward current medical bills and the rest, $1.57 million, will be placed in a trust fund to provide care for the child.

Though a trial was set for December 7, court records indicate that the family and the government had been in settlement discussions for several months.             

Virginia attorneys and physicians have just agreed to a new medical malpractice cap agreement.   The current cap is set at $2 million.  Under the new agreement the cap will raise by $50,000 each year from 2012 to 2031.     

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TAVSS FLETCHER
RBC Centura
555 East Main Street, 14th Floor
Norfolk, VA 23510
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Telephone: (757) 625-1214
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Tavss Fletcher proudly serves Virginia and North Carolina, including Norfolk, Virginia Beach, Portsmouth, Chesapeake, Suffolk, Hampton, Newport News, Williamsburg, the Eastern Shore counties of Accomack and Northampton, and Gloucester, Surry, Southampton, Isle of Wight, James City and York counties in Virginia, and the counties of Currituck, Dare, Gates, Herford, Perquimans, Pasquotank, Camden and Bertie in Northeastern North Carolina.



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Tavss Fletcher
RBC Centura
555 East Main Street
14th Floor
Norfolk, VA 23510
Phone: 757.625.1214
Fax: 757.622.7295
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