43 Million Verdict in Birth Injury Lawsuit

A record award by a New York jury was sent down last week in the case of a 25 year old woman who was left permanently disabled after a birth injury caused her cerebral palsy.

The mother of Tiffany Busone filed the medical malpractice lawsuit more than two decades ago against Bellevue Women’s Hospital.  Her lawsuit claimed that when doctors at the hospital resuscitated and intubated her infant daughter, they did so incorrectly causing her to go without oxygen.  She subsequently developed cerebral palsy and brain damage as a result of the oxygen deprivation.

Busone, now 25 years old, is confined to a wheelchair and has only limited communication.  She will require home health care for the rest of her life and will never be able to work.

Cerebral palsy is a brain injury that often occurs before or during birth that can leave the child with developmental problems, brain damage, decrease or complete loss of motor functions and other permanent injuries.  Often times the cause of a child’s cerebral palsy is a doctor’s negligence, as in this case.

The jury that heard the case found in favor of the plaintiffs, awarding them $20 million for Busone’s home health care needs, $21 million for past and future pain and suffering and additional amounts for medical expenses and loss of future earnings, totaling $43 million altogether.

The verdict was a long time coming for the Busone family, who has been fighting for justice on behalf of Tiffany since 1991.