Birth Injury Suit Settled for $1M

Birth Injury Suit Settled for $1M

A judge has approved a $1.05 million settlement in a lawsuit filed by the parents of a boy who was born with several birth defects allegedly as a result of medical malpractice.

Cumberland County judge J. Wesley Oler Jr sanctioned the settlement, which settled a lawsuit that had been fought for three years. The boy who was born with the birth defects is now five years old.

The Suit

According to the lawsuit, filed by Darren and Jennifer Bryan, Dr. David Evans and Belvedere Medical
Corp caused their boy to be born with severe physical and developmental problems.

The defendants did not take the necessary steps to prevent their son from suffering oxygen deprivation, fetal distress and a brain injury during his birth in 2001.

As a result of the negligence, the boy is mentally retarded and suffers from cerebral palsy and childhood epilepsy.

The Bryans also initially sued Carlisle Area Health and Wellness Foundation, but that company has been released from the lawsuit.

The Settlement

Court documents show that the Evans, Bryans and Belvedere came to an agreement before the jury was selected for the trial in November.

While the settlement does not allow the Bryans to fully disclose the terms, it is known that about $555,000 of the $1.05 million amount will be invested in a trust fund for the boy. The rest will go to the parents, who will use some of it to satisfy a state Welfare Department Medicaid lien and pay for the lawsuit.

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