JANUARY 9, 2009 – On Wednesday, a San Diego Superior Court judge held up a jury’s decision to award Teresa and Robert Bailey of Escondido more than $16 million for the death of their son during birth in November of 2004.
In the lawsuit, the plaintiffs alleged that the hospital, Sharp Mary Birch Hospital for Women and two of its doctors were negligent in the care of the mother and ignored warning signs when the baby became lodged in the mother’s birth control. Furthermore, the plaintiffs claimed that the director of pathology at Sharp Mary Birch made a false representation and concealed the truth regarding the cause of death of their child.
According to the plaintiff’s attorneys, the couple was told the infant died of lung disease when in fact the baby died of asphyxia when the umbilical cord became wrapped around his neck. The death certificate stated the baby died of an “unspecified respiratory disorder.” The jury returned their verdict on December 5 after a nine-week trial. A spokesman for Sharp Healthcare said Sharp would ask the judge to grant a new trial.
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