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Jury Awards $26M in Malpractice Lawsuit Over Birth Injuries

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A Suffolk Jury awarded $26M to the family of a brain-damaged boy that will never walk or talk due to a botched delivery, at a Boston teaching hospital that caused life long birth injuries

The verdict, issued Thursday, comes as a relief to the parents that now know what happened to their son, 10, who has cerebral palsy and requires constant around-the-clock care.

The malpractice suit was filed against two doctors that failed to recognize the signs of fetal distress and thereby didn’t perform a Caesarean section fast enough on March 14, 1997, ultimately leading to the child suffering brain damage.

“We cannot point to the exact cause or timing of injury other than to say it didn’t happen when (Mrs. Bejarano) was being monitored. From that we can say it happened before she came to Brigham,” he said.

He said he was “stunned and disappointed” by the verdict and will likely appeal.