Record Judgment Awarded in 33 Year Old Birth Injury Case

An Israeli court has awarded a record high settlement to a 33 year old man who suffers from cerebral palsy.  The plaintiff will receive 16 million NIS – equivalent to approximately $4.3 million USD – for his damages after he suffered a birth injury as an infant.

In 1976, the plaintiff’s parents brought him to the Clalit health maintenance organization clinic when he was just three months old because he was suffering from severe diarrhea.  After four visits to the facility, the family was referred to Sharon Hospital and then to Rokach Hospital.

Doctors at Rokach conducted several tests on the child and then released him with a prescription for antibiotic and a referral to a family doctor.  The following day he became unconscious and was rushed to a different hospital for treatment.

The baby was suffering from severe dehydration which caused him to go into cardiac arrest.  He had to be put on an iron lung and remained unconscious for several months, during which time he suffered multiple lung infections and other developmental problems.

Now a grown man, the plaintiff suffers from cerebral palsy as a result of the failed diagnosis and subsequent medical issues and will require constant care for the rest of his life.

It has taken 9 long years of legal battles and several trips to court after the case was appealed more than once.  The family is happy that the plaintiff is finally getting justice for what he has had to endure throughout his life.

Here in the US it is highly unlikely that a case this old would yield any results as most states enforce a statute of limitations, or timeframe in which a person is allowed to file a medical malpractice lawsuit.  That’s why it’s critical to contact a medical attorney as soon as possible if you suspect your child has suffered a birth injury due to a doctor’s negligence.  If you wait too long, it may be too late.

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