Case Result

$16M

Medical Malpractice / Birth Injury / Personal Injury

2016
Trial Verdict
Livonia, MI

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Case Details

Caroline Malatesta and her husband successfully sued Brookwood Medical Center for medical malpractice and fraud after she suffered permanent nerve damage (pudendal nerve) due to being forcibly restrained and made to delay pushing during childbirth.

Additional Notes

Mrs. Malatesta had three children before her fourth child and had become interested in the benefits of more “natural” childbirth processes. The Brookwood Women’s Medical Center advertised the empowerment and freedoms of being able to choose your own birthing plans, including water birth options. However, Mrs. Malatesta was not given any options during the delivery of her son and was forcibly restrained at times. At one point during the delivery, she was turned over and required by the nursing staff to keep from pushing her baby boy out for six minutes until the doctor finally arrived. This continuous pressure of the baby’s head on her pelvic region led to permanent nerve damage. Her traumatic birth experience damaged her pudendal nerve, which causes debilitating and chronic pain in the pelvic region and genitals. It’s a lifelong condition and one that has seriously affected Mrs. Malatesta’s quality of life. One million dollars went to Mr. Malatesta for “loss of consortium,” which means that Mrs. Malatesta’s ability to be intimate with her husband has been diminished or limited because of her injuries.

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