$10.8 Million Verdict for Child With Cerebral Palsy After Oxygen Deprivation at Birth

In October 2010, Crystal Hysell delivered her daughter, A.H., at Raleigh General Hospital in Beckley, West Virginia. The birth did not go smoothly. Staff records from the first minutes of the newborn's life could not be produced at trial. A.H. arrived with an Apgar score of 7, irregular breathing, poor limb movement, and a bluish color. Her oxygen saturation dropped to 68 percent before hospital staff intervened.

Over the years that followed, A.H. failed to meet developmental milestones. Imaging later revealed periventricular white matter gliosis, a pattern of brain damage consistent with oxygen deprivation at birth. She was diagnosed with cerebral palsy, autism spectrum disorder, and severe cognitive dysfunction requiring lifelong care.

Ryan and Crystal Hysell filed suit in the Southern District of West Virginia in 2018, naming Raleigh General Hospital and the United States as defendants. The U.S. was named because the midwife who assisted during delivery worked for Access Health, a federally funded community health center. Barry J. Nace and Christopher T. Nace of Paulson and Nace PLLC represented the family.

At trial, plaintiffs' counsel argued that hospital staff failed to properly respond to fetal monitor irregularities, mishandled signs of fetal distress, and did not recognize the significance of A.H.'s declining oxygen saturation after delivery. The defense contested causation, suggesting that A.H.'s developmental difficulties stemmed from autism or genetic factors rather than birth-related hypoxia. The jury rejected that theory.

On June 3, 2021, the jury returned a verdict of $10.8 million: $9 million for A.H.'s future medical and care expenses, approximately $837,500 for lost future earnings, and $1 million in non-economic damages. The jury assigned 70 percent of liability to Raleigh General Hospital and 30 percent to the federal defendant. In post-trial proceedings, the court granted the hospital's motion to reduce the $1 million non-economic award to conform to West Virginia's statutory cap on non-economic damages in medical malpractice cases under the Medical Professional Liability Act, W. Va. Code section 55-7B-8. The motions for judgment as a matter of law and for a new trial were denied.