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Record Settlement Reached in California Birth Injury Lawsuit

A Sacramento judge approved a $5.75 million settlement last week in the case of young Cannon Hoops, who suffers from cerebral palsy due to a birth injury.  The medical malpractice settlement is the largest amount ever agreed to by the University of California Davis Medical Center.

Cannon Hoops was born on December 1st, 2004 but the joy of the event was clouded by the tragedy of the birth injury he suffered that resulted in cerebral palsy.  According to the family’s medical attorney, the baby showed distress prior to birth which should have indicated a Caesarean section was needed.

The lawsuit alleged that all of the warning signs of fetal distress were ignored by the medical staff and they proceeded with a vaginal birth.  Baby Cannon came out blue and not breathing.  The lack of oxygen he suffered left him with “severe and permanent neurological injuries”.

The boy, now nearly 5 years old, is bound to a wheelchair and will require round the clock care for the rest of his life.

The settlement amount awards Cannon $1.75 million up front and an additional $4 million for payments of future medical expenses and as compensation for lost earnings over the remainder of his life.  In addition, his parents were awarded $250,000 in an agreement to waive any future wrongful death claims should Cannon not survive.

Birth injuries can be the most devastating of all forms of medical malpractice because they can happen in an instant and can permanently affect the lives of the child and his or her family.  It’s important to know that although a birth injury can’t be reversed, justice can be sought to recover some of the damages incurred.  A medical attorney experienced in birth related malpractice cases can assist you if you have any questions.

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