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Jury awards millions in Kirkland childbirth case

06:08 PM PDT on Thursday, October 9, 2008

KING5.com Staff

SEATTLE – A Kirkland hospital will have to pay the family of a disabled Seattle-area girl with cerebral palsy nearly $4.25 million after a jury determined the hospital’s negligence led to the child’s condition.

The jury in the case of Tavares v. Evergreen Hospital returned a verdict in favor of the child as well as in favor of Evergreen Hospital on the claims by her the girl’s parents.

In a statement, attorneys representing the family say Evergreen Hospital Medical Center "ignored signs of severe fetal distress and failed to timely notify a doctor." The attorneys say that resulted in the child suffering from asphyxiation for over 20 minutes before an emergency C-section was performed.

The girl, who is now five-years-old, has cerebral palsy, is brain damaged and severely disabled.

Attorney John Budlong suggests in the statement that the child’s condition could have been prevented if nurses had notified a doctor in time to do a crash C-section.

The hospital claims that the child’s injuries had already occurred before her mother arrived at the hospital.

"We sympathize with the Tavares family. At Evergreen Hospital Medical Center, we strive to provide the best possible service for all our patients. Unfortunately, we can't change some outcomes," said spokesperson Sherry Grindeland.

The hospital plans to appeal.

The award includes future medical and home care expenses, lost future earnings capacity and past medical expenses.

A hospital spokesperson says the child was delivered by emergency C-section 60 minutes after her mother arrived at the hospital.

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