Baltimore medical malpractice attorneys helped earn one of the largest verdicts in Baltimore history for the family of Enzo Martinez, a now 2-year-old boy who suffers from cerebral palsy and a seizure disorder caused by a loss of oxygen to his brain as his mother waited for a Caesarean section. The boy’s mother, Rebecca Fielding, had planned to deliver Enso at home with a midwife, but was taken by ambulance to Johns Hopkins Hospital after hours of labor at home.
Upon arrival at the hospital, the mother waited for more than two hours to have an emergency Caesarean section. Attorneys for the family argued that if the surgery was performed earlier, Enzo’s birth injuries could have been avoided. Instead, he is severely and permanently mentally and physically disabled as a result of cerebral palsy.
The family was awarded $25 million for future medical expenses and a life-care plan, $4 million for future lost wages, and $26 million for non-economic damages such as pain and suffering. Rebecca and her husband plan to put the money in a trust to provide the 24-hour, in-home care Enzo will need throughout his life, pay for medical treatment and equipment that their insurance has not covered, and to build a one-story, wheelchair-accessible home to make the child more comfortable.
The $26 million portion of the award given to the family of Enzo Martinez for damages was reduced to $665,000 because of a damages cap in Maryland. Therefore, the Martinez family will have significantly less money to provide for their son and will receive a total of about $29.6 million for his birth injury.
Damages caps in states like Maryland and Texas reduce the amount of money victims can receive for damages in a medical malpractice case. State caps are a part of a larger effort by some businesses and politicians to change tort laws and reform medical malpractice by limiting the amount of damages an injured person can receive. This becomes dangerous for victims like Enzo, suffering from severe, permanent injuries, who will require medical care and other financial assistance for the rest of their lives due to their injuries.
The Philadelphia medical malpractice attorneys at Messa & Associates are experienced at handling cases involving birth and brain injuries. Our extremely skilled team of medical malpractice attorneys and medical experts is dedicated to ensuring you receive proper compensation for your personal injuries. If you or a loved one has suffered a birth injury, brain injury, or any other type of personal injury as a result of negligent care received by a medical provider, contact the medical malpractice attorneys of Messa & Associates for a free consultation. Call toll free at 1-877-MessaLaw, or submit a free online inquiry.
Joseph L. Messa, Jr. is the founding partner of Messa & Associates, P.C. He is an AV-rated attorney (highest rating available), listed in the Bar Register of Preeminent Lawyers. Read More