Medical malpractice attorneys of Mallard & Sharp, P.A. recently celebrated a bittersweet victory, recovering a $33.8 million verdict for a brain damaged baby.
The court held that the catastrophic brain injury was caused by Dr. Ata Atogho’s failure to order an emergency C-section and the continued administration of the contraindicated delivery drug Pitocin. The court also found that Dr. Atogho’s failure to offer and perform a C-section was gross negligence and caused the brain injury that resulted in baby Earl Reese-Thornton requiring 24-hour care for the rest of his life.
Dr. Atogho was employed by the federally funded Jessie Trice Community Health Center, placing the case under the Federal Tort Claims Act.
“The Court cannot imagine a more devastating turn of events for parents expecting the birth of their first child… At the anticipated, joyful moment of birth of a crying, bouncing baby, they are instead presented with the dreadful specter of a blue, floppy, lifeless child.”
During the 90 minutes that baby Earl was in an emergent condition, Dr. Atogho delivered another baby and took an 8-minute call from his stock broker. Dr. Atogho created a false entry in the medical chart stating that the mother declined a C-section, but evidence from other witnesses proved that Dr. Atogho never offered the C-section and that a C-section was requested.
“This is a tragic case,” said attorney Vidian Mallard of Mallard & Sharp. “While it is impossible to change what has occurred to this family, it is satisfying that baby Earl’s medical and financial needs will be met for the rest of his life. The Court’s verdict clearly states that Dr. Atogho’s negligence caused baby Earl’s injury, but the U.S. Government has not accepted responsibility and has threatened an appeal. Meanwhile, baby Earl continues to suffer without getting all the care he so desperately needs.”
In his order, U.S. District Judge Robert Scola wrote: “the Court cannot imagine a more devastating turn of events for parents expecting the birth of their first child… At the anticipated, joyful moment of birth of a crying, bouncing baby, they are instead presented with the dreadful specter of a blue, floppy, lifeless child.”
The Florida personal injury law firm of Mallard & Sharp, P.A. is AV Rated and dedicated to providing the best possible results for all its clients. The judge’s order is available at lawsuitpressrelease.com.
