Family Awarded $17 Million for Birth Injury

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Mar 28th, 2006

Family Awarded $17 Million for Birth Injury

A West Virginia jury has awarded the family of a nine-year-old severely brain damaged girl $17 million for their lawsuit alleging that negligent birthing treatment led to her serious injuries.  

Mark and Lori Pochran claimed in their suit against Monongalia General Hospital and their obstetrician that the doctor’s failure to perform a Cesarean section in a timely manner led to Marissa Pochran’s debilitating condition.  

The baby suffered brain damage due to significant oxygen deprivation in the uterus prior to her delivery.  Marissa Pochran now has spastic quadriplegia and cortical blindness, a condition that limits her ability to register what she sees in her brain.  

“She knows who she is and she knows what she is, and she knows that something is wrong with her, but she doesn’t understand,” comment Geoffrey Fieger, an attorney representing the Pochran family.  Feiger adds that Marissa Pochran will require constant care and supervision throughout her entire life.  “It’s really sad.”

“She probably never will progress beyond nine years old,” Feiger said.  

In addition to the initial birth injury, according to reports, nursing staff may also be responsible for Marissa Pochran’s brain injury.  The baby was reportedly left alone in a room, shortly after her birth and found blue and unconscious by nurses upon their return.  Pochran then required revival and ventilator stabilization at nearby Ruby Memorial Hospital.  

The Monongalia Country Circuit Court jury awarded the Pochran family $12 million for economic damages including Marissa’s extensive past and future medical bills, and $5 million for non-economic damages.

A representative for Monongalia General Hospital’s noted however, that laws in West Virginia prevent non-economic damages from exceeding $1 million, so the actual award will be reduced to $13 million.