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Fort Lauderdale Attorneys Win $4 Million Verdict Against West Palm Beach Hospital for Delayed Delivery that Left Child Severely Disabled
March 26, 2009
West Palm Beach, Florida – After a seven-week trial in Palm Beach County court, attorney Crane Johnstone and Scott Newmark secured a $4 million jury verdict on behalf of a child born with severe mental retardation, cerebral palsy and other physical ailments resulting from her botched delivery almost 12 years ago.
According to the suit, Stephanie Preshong Brown was carrying identical twins Jordan Preshong Brown and Sydney Preshong Brown. In July 1997, Stephanie was admitted to Good Samaritan Medical Center in West Palm Beach for control of her premature contractions. During the admission it was determined that Sydney had died in utero. Given their prematurity, doctors decided at the time to leave both in the womb. On August 22, with Jordan showing signs of ongoing fetal distress, doctors decided to deliver her by urgent Cesarean section. Yet problems in securing an operating room at the hospital resulted in a delay of several hours in delivering the twins. Schlesinger partner Crane Johnstone was lead trial attorney; partner Scott Newmark was co-counsel.
Jordan’s distress proved tragic. She was born with hypoxic-ischemic permanent brain damage, leaving her with cerebral palsy, mental retardation and spastic quadriparesis. Jordan cannot feed or bathe herself, and since her birth has required 24-hour care in the Palm City home she shares with parents David and Stephanie.
The family alleged the delay in delivery caused Jordan’s injuries. The defense contended all injuries and permanent neurological deficits were related to Jordan’s premature birth. After two days of deliberation, the jury agreed with the family – that the hospital’s owner at the time, Good Samaritan Hospital Inc., and its insurance carrier CNA Insurance, were responsible for Jordan’s injuries. Jurors found the hospital not negligent in Sydney’s death. All doctors and providers involved in the case previously settled.
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