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Navy Hit With $150M Cerebral Palsy Claim

The parents of a child who was born with cerebral palsy and other serious birth injuries allegedly as a result of medical malpractice have filed a $150 million lawsuit against the doctors that delivered the baby.

According to Sean Cronin, the civilian lawyer representing Joseph and Kendra Alcorn, their son Gavin Alcorn was born with the injuries because the baby did not receive enough oxygen during delivery in Naval Hospital Jacksonville in May 2005. As a result the baby cannot walk, talk, or see.

The Suit

Hospital records say that Gavin had stopped breathing and his extremities had turned blue by the time the child was delivered.

Shortly after the birth, the child was transferred to a civilian hospital where an MRI was performed. The doctors there discovered that the baby suffered brain damage as a result of the lack of oxygen during the delivery, the suit said.

The delivering doctors tried to argue that the cerebral palsy could have been caused by the mother’s use of prescription drugs or smoking, but according to Cronin, the specific type of cerebral palsy the child developed is caused by oxygen deprivation during birth.

Congenital cerebral palsy is characterized by trauma to large sections of the brain. Gavin’s brain damage is localized, which is consistent with cerebral palsy caused by oxygen deprivation during birth.

“There is no evidence that this is a congenital defect,” said Cronin. “All evidence indicates that this was caused by asphyxiation. I am extremely disappointed that the hospital is attempting to blame the victim. This is an attempt to smear the family and not be accountable for their own actions.”

Past Suits Against the Facility

The hospital has been sued several times recently over alleged medical malpractice. The Navy Times said that 12 patients have died at the facility and four more have been seriously injured as a result of medical malpractice.

Injured by medical malpractice? If so, you may be eligible to recover compensation for your pain, suffering, medical expenses, missed work, and other losses. Please contact us today for a free case evaluation by a caring and effective medical malpractice attorney who will aggressively fight for your rights. We can answer your questions and help you plan the most appropriate course of action.

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