In what is an unusual circumstance, a 16-year-old boy from Florida with cerebral palsy (CP) has entered the third courtroom trial of his life. Jordan MacDonald and his parents launched their lawsuit against a Boca Raton healthcare professional for causing their child’s brain injury.
Family Claims Vacuum Pump, Distracted Doctor to Blame for Birth Injury
Jordan was extracted during birth by a vacuum pump, which left him with CP and the current intelligence of a two year old, despite now being at the age that most children learn to drive.
The plaintiff’s attorney provided records that suggest that the doctor was more concerned about his broken down BMW than he was about delivering Jordan safely. He also did not get consent from the mother that he could use the vacuum device.
Just as a distracted driver can cause a serious accident, a distracted delivery can cause serious harm as well. Vacuum pumps can be dangerous in the hands of someone who is not completely focused on the task at hand. These pumps are known to cause fractures of the skull, brachial plexus, CP and other birth injuries.
CP due to medical malpractice and vacuum pumps occurs occasionally. However, the length of this lawsuit is what specifically stands out in this case.
Fifteen-Year Cerebral Palsy Case Continues
Jordan and his determined parents filed their first lawsuit in 2000. However, the first trial was declared a mistrial in August 2011. In that same year, the defense prevailed in a second trial and the doctor was cleared of any wrongdoing, but the judge threw out that case because the defense team improperly questioned witnesses.
The third and most recent trial is already off to a rocky start. First Amendment lawyers are upset with the circuit judge for denying Courtroom View Network’s attempt to webcast the trial. The lawyers prevailed and the judge finally let the cameras enter the courtroom.
Get a Lawyer That Will Stick with You Until the End of Your Case
As this case shows, some lawsuits can take longer than is desired. In a frustrating and traumatic time, you need an attorney that will counsel you in the beginning, fight for justice on your behalf in court and be your ally until the very end of your case.
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Farrell & Patel – Birth Injury Lawyers
