Jury: Hospital to blame for girl's brain damage

Jury: Hospital to blame for girl's brain damage

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Story Published: Oct 9, 2008 at 11:12 PM PDT

Story Updated: Nov 21, 2008 at 3:39 AM PDT

By KOMO Staff

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SEATTLE -- A jury verdict on Thursday awarded $4.25 million to the family of a girl who was born with severe brain damage following a traumatic delivery at Evergreen Hospital in 2003.

Miriam Tavares, now 5, suffers from brain damage and cerebral palsy.

Her mother, Charla Tavares, said while lying in the hospital waiting to give birth, she felt her daughter's heartbeat drop.

Charla's husband rushed to alert a nurse but, according to Charla, that's when real trouble began.

"She (the doctor) had gone home for dinner and we had to wait for her to come back," Charla said."There was no other doctor. There was no other doctor on call."

Meantime, Miriam was deprived of oxygen for 20 minutes. A doctor finally arrived and performed an emergency Cesarean section.

"I asked, you know, 'Is she OK?' And he (the doctor) said, 'It doesn't look good,'" said Charla.

The jury found the Kirkland hospital ignored signs of severe fetal distress and failed to notify a doctor in time, causing Miriam Tavares to asphyxiate for 20 minutes before an the C-section was performed.

The family's attorney, John Budlong, argued the nurses' failure to notify a doctor in time delayed the Cesarean section and caused the girl's injuries. However, the hospital denied any liability and claimed the injuries were pre-existing.

After years of litigation and three days of deliberation, a jury agreed with the plaintiff who claimed a timely Cesarean section could have prevented the full-term infant's injuries.

Following the jury's decision on Thursday the hospital released a statement which said Evergreen is not at fault for Miriam's impairment.

"Evergreen believes that the minor plaintiff's injuries had, unfortunately, already occurred before her mother arrived at the hospital."

The award includes compensation for past and future medical expenses, lost future earnings and pain and suffering endured. However, an appeal could hold up the award for up to two years.

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