$144.5 Million Birth Trauma Verdict Against William Beaumont Hospital

Markell VanSlembrouck was born at William Beaumont Hospital in Royal Oak, Michigan. She was a large newborn, weighing about 10.5 pounds. During delivery her shoulders became lodged in the birth canal, a complication obstetricians call shoulder dystocia. Her collarbone was fractured during the maneuver used to free her. She arrived limp, blue, and not breathing on her own.

The oxygen loss during that difficult delivery caused a severe brain injury. Markell developed cerebral palsy and requires care for the rest of her life. Her family, from Macomb Township, was left to plan for decades of medical needs.

Kimberly VanSlembrouck, Markell's mother, brought a medical malpractice suit in Oakland County Circuit Court. Geoffrey Fieger represented the family. The case named the hospital and the delivering obstetrician, Dr. Andrew Halperin. The central argument was straightforward: given the baby's size and the warning signs, a timely cesarean section should have been performed instead of pressing ahead with a vaginal birth.

The trial took place before Judge Rudy Nichols. In October 2011, the jury returned a verdict of $144.5 million, one of the largest medical malpractice awards in Michigan history. The figure accounted for a lifetime of future medical care, lost earning capacity, and pain and suffering.

The defendants appealed. In October 2014, a three-judge panel of the Michigan Court of Appeals unanimously affirmed the verdict. The panel let the award stand even as it described the trial as "far from perfect."

The headline number did not survive intact, and the firm has not claimed otherwise. The portions covering future medical costs and lost income were reduced to present-day value, since those payments would have been spread across Markell's lifetime. Michigan's statutory cap on noneconomic damages then trimmed the pain and suffering component. After those adjustments, the judgment came to about $41.6 million.