On June 1, 2010, Vashti Daisley arrived at Vassar Brothers Medical Center in Poughkeepsie. She was in the late stages of pregnancy and had complaints of decreased fetal movement. After undergoing testing, Ms. Daisley was discharged to home. The next day, she underwent an emergency Caesarean section and her son Kendrick Young was born (at a different hospital).
Unfortunately, Kendrick suffered permanent brain damage and, on his behalf, his mother sued Vassar Brothers Medical Center and its doctors claiming that she was prematurely discharged from the hospital on June 1st and that had a Caesarean section delivery been performed that day her son’s brain damager would have been avoided.
The Dutchess County jury agreed with plaintiff and awarded pain and suffering damages in the sum of $2,200,000 ($700,000 past – six and two-thirds years, $1,500,000 future – 15 years).
In Young v. Heller (2d Dept. 2022), the judgment has been affirmed.
Here are the injury details:
- respiratory arrest at birth for six minutes requiring ventilator for 27 days
- hypoxic injury causing permanent brain damage
- residual impairment of muscles that control mouth causing dysarthria
- cognitive impairment including difficulties with problem solving, speech, language and math skills, spatial skills, awareness and concentration, motor and coordination, sensory, and behavior
- confined to neonatal intensive care for four months
- six years of therapy
- Plaintiff was also awarded $1,742,863 for future lost earnings (44 years) and approximately $155,000 for future medical expenses.
- Plaintiff’s pre-trial settlement demand was $2,300,000; there was no offer.