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Ohio Jury Awards $28.7 Million in Birth Injury Case

A young family represented by Cleveland medical malpractice lawyer Christopher Mellino has been awarded $28.7 million following a civil trial in Trumbull County.

Mellino represented the parents of now nearly five-year-old Nathan Wolcott who was born with cerebral palsy as a result of oxygen deprivation in 2012.

Judge Peter Kontos awarded $24.9 million for the boy’s future care, $2.9 million for his lost earning capacity and $500,000 each to the child’s parents for noneconomic losses,

The case is Nathan Wolcott, a MINOR by and through his Parents and Natural Guardians Matthew and Jennifer Wolcott v. Nicole Prusky RN. Trumbull County Court of Common Pleas Case No. 2011 CV 01512.).

Symptoms overlooked

According to court documents, the child was born at Trumbull Memorial Hospital and despite the use of a fetal heart monitor, the signs and symptoms of fetal distress were not recognized or acted upon.

The award was based upon Mellino proving that negligent care caused a lack of oxygen to the baby during delivery and resulted in severe irreversible injury to the child’s brain and subsequent developmental delays which cause him to be unable to function as a normal child. The child will require assistance with personal care for bathing, dressing, positioning, hair and mouth care throughout his life.

“It is likely Nathan will require 24/7 caregiver support due to his limited ability to communicate and difficulty walking,” Mellino said. “Nathan will never control his arms and legs normally.”

Mellino, founder and managing partner of the Mellino Law Firm and author of the book Was It a Mistake? Your Ohio Medical Malpractice Questions Answered, has been involved in several large medical malpractice cases during his 30-year legal career.

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