$1.7M judgment entered in birth-injury lawsuit

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A Baltimore jury has awarded $3 million to the family of a child who has permanent, partial paralysis in her left arm as a result of an injury sustained during birth.

The award for Zyaira Smith’s family includes $700,000 in noneconomic damages, which will be slightly capped at $695,000 under Maryland law. And the entire award will be reduced to $1.7 million because of a calculation error that led the jury to overestimate, by $1 million, the amount of wages lost by Uriah Evans, Zyaira’s mother.

Evans was nearly 38 weeks pregnant when she arrived at the University of Maryland Medical Center Midtown Campus, formerly Maryland General Hospital, on Dec. 15, 2011, complaining of shortness of breath, according to the complaint. She was transferred to the University of Maryland Medical Center, where on Dec. 16 a chest X-ray revealed what was thought to be pneumonia or a pulmonary embolism, the complaint said.

Doctors decided to induce labor Dec. 17 after an ultrasound but did not offer or recommend a Cesarean section as required, according to the complaint.

During the delivery, Zyaira’s left shoulder became lodged, or impacted, the lawsuit states. Doctors then “negligently managed the impaction by failing to utilize the proper birthing techniques,” the lawsuit states.

Smith was diagnosed with Erb’s palsy, which causes arm weakness and loss of motion.

“Despite treatment and therapy, Zyaira Smith has never recovered and has suffered a permanent and catastrophic injury to her left arm and shoulder due to the negligence of the Defendants,” the complaint states.

Baltimore City Circuit Court Judge Lawrence P. Fletcher-Hill presided over the eight-day trial. The jury of five women and one man deliberated over the course of three days before coming back with its verdict.

“This was a well-tried case on both sides. Fortunately, the evidence in this case was very clear,” said Alicia Gipe, an associate at Gilman & Bedigian LLC in Timonium. “The truth came out and the jury got it right. For the sake of the child, we are very grateful.”

Mary Lynn Carver, a spokeswoman for the University of Maryland Medical System, which includes the two hospitals, said the defendants feel compassion for the family but that does not mean its doctors were at fault.

“UMMC firmly believes the plaintiff did not meet the burden of proof for negligence in this case,” Carver said in an emailed statement. “The evidence presented was entirely lacking in any medical or scientific basis. It was clear that the jury’s finding was based on sympathy and not on the medical facts of the case.”

URIAH EVANS, ET AL., V. UNIVERSITY OF MARYLAND MEDICAL SYSTEMS CORPORATION

Court:

Baltimore City Circuit Court

Case No.:

24C13004285

Judge:

Lawrence P. Fletcher-Hill

Outcome:

Verdict of $3 million for plaintiff, including $700,000 in noneconomic damages, capped at $695,000; reduced to $1.7M due to cap and miscalculation of mother’s lost wages

Dates:

Incident: Dec. 17, 2011

Suit filed: June 28, 2013

Verdict: Sept. 5, 2014

Plaintiffs’ Attorneys:

H. Briggs Bedigian and Alicia Gipe of Gilman & Bedigian LLC in Timonium

Defendant’s Attorneys:

Neal M. Brown and Christina N. Billiet, Waranch & Brown LLC in Lutherville

Count:

Negligence