Wisconsin Jury Awards $29M in Birth Injury Lawsuit Against Nurse Midwife

Case: Breauanna Jennings et al. vs. Robyn Cox CNM et al

Case Overview

A Wisconsin jury in St. Croix County awarded a record-setting $29 million to a family whose child developed cerebral palsy as a result of medical negligence during childbirth.

Cause

In their Wisconsin birth injury medical malpractice lawsuit, Breauanna Jennings et al. v. Robyn Cox, CNM et al., the plaintiffs alleged that their child, August Jennings, was delivered nearly an hour later than the standard of care allowed.  They claimed the attending certified nurse midwife failed to timely notify the on-call OB/GYN—who could have performed an emergency C-section—after the baby’s heart rate dropped from the 150s to the 60s during labor.

Damages

The newborn received Apgar scores of 0 at one, five, and ten minutes after birth and required two weeks of treatment in the neonatal intensive care unit. He was later diagnosed with cerebral palsy and is expected to require lifelong supervised care. As a result of the midwife’s alleged negligence, his injuries include severely limited mobility, an inability to speak, and dependence on a surgically placed gastrostomy tube for nutrition.

Jury Verdict

The Wisconsin jury awarded a total of $29,070,051 in the birth injury case, including $14 million for future medical and care expenses, $10 million for future pain, suffering, disability, and disfigurement, and $2 million for past and future loss of society and companionship. The family’s attorneys stressed the importance of holding healthcare providers accountable for preventable birth injuries, noting that the verdict will enable the family to obtain the critical medical care and support the child will need throughout his life.