$40.26 Million Jury Verdict for Paralyzed Infant Following Negligent Breech Delivery

Grayson Charlton, a twin, was in the breech position at the time of her delivery at Delaware County Memorial Hospital. The treating obstetrician, Dr. Steven Troy, allegedly applied traction to deliver Grayson, resulting in a popping sound. After the delivery, Grayson was diagnosed as having suffered a spinal cord injury and avulsed nerve roots to her right arm.

Grayson is now 5 years old and is paralyzed from the chest down requiring her to be confined to a wheelchair. Grayson has undergone extensive physical and occupational therapy.
Grayson’s parents, individually and on Grayson’s behalf, sued Dr. Troy, the hospital and two health networks under an agency theory, claiming liability for Dr. Troy choosing not to prevent the baby’s head from becoming hyperextended during the delivery.

The Charlton family experts testified that Grayson’s injuries could have occurred only after application of excessive longitudinal traction.

The jury signed a verdict for more than $40.26 million finding that Dr. Troy had been acting as the hospital’s apparent agent.

The lawyers successfully handling this tragic case were Timothy R. Lawn and Stephen E. Raynes.

Charlton v. Troy, No. CV-2013-001549 (Pa. Ct. Com. Pl. Delaware County).

Kreisman Law Offices has been handling birth trauma injury cases, obstetrician negligence lawsuits, hospital negligence cases, labor and delivery negligent lawsuits and brain injury cases for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of a medical provider for more than 40 years, in and around Chicago, Cook County and its surrounding areas, including Richton Park, St. Charles, Elgin, Aurora, Waukegan, Crystal Lake, Cary, Mount Prospect, Flossmoor, Highwood, Bellwood, Melrose Park, Blue Island, Alsip, Worth, Vernon Hills, Glenview, Northfield and Arlington Heights, Ill.