Article published September 02, 2006
Girl to get $1.1M for injuries at birth
8-year-old now has paralyzed right arm
BOWLING GREEN - A Wood County jury has awarded $1.1 million, one of the county's largest damage awards, to a girl whose right arm was injured during birth, leaving her with a paralyzed right arm.
The verdict was handed up in the trial of a malpractice lawsuit filed against the late Dr. Raymond Hoag, his estate, and his obstetrics practice, Wood County Women's Care BG LLC.
Madelyn Instone, 8, was born in June, 1998, in Wood County Hospital under the care of two midwives. When complications developed, Dr. Hoag was summoned to assist with the delivery.
The girl's attorney, Jim Casey, said Dr. Hoag injured the nerves in the baby's right arm when he began pulling her head from the birth canal. The baby had a condition called shoulder dystocia, in which the shoulders prevent a smooth delivery.
According to the American Academy of Family Physicians, shoulder dystocia "can be one of the most frightening emergencies in the delivery room."
Most cases occur with no warning, but "calm and effective management of this emergency is possible" once it's recognized and specified maneuvers to remove the baby are taken, the academy said.Mr. Casey said the doctor reversed the procedure, which involves maneuvering the fetus before he started to pull the fetus.
The condition affects about one in every 1,000 births, but when it happens, maneuvers can be taken to prevent complications, he said.
Wood County Common Pleas Judge Robert Pollex said the verdict, reached on the fifth day of the trial, was the largest he has seen in the 21 years he has been on the bench.
He said he was surprised that the jury awarded the plaintiffs the exact amount the plaintiffs initially sought.
"Wood County jurors have been conservative lately," the judge said.
Each side had two expert witnesses, although a good portion of testimony came from the midwives, Amy Smith and Bonnie Fintel. The two settled their case shortly before the trial and agreed to pay $126,000. That amount will be deducted from the $1.1 million verdict, the judge said.
"Part of the issue was whether the midwives should have been managing the care of the delivery and at what point the doctor should have been called," Judge Pollex said.
The case was originally filed in 2002 but dismissed to allow more time for the extent of the girl's injury to become evident. It was refiled in 2004, the judge said.
Dr. Hoag took his own life in July, 2002, with a gunshot. Mr. Casey and Judge Pollex said they were not aware of a connection between the birth and lawsuit and the doctor's suicide.
Mr. Casey said the girl's parents, Robin and Jay Instone of Cygnet, did not ask for a financial award for them, but rather it be paid to their daughter.
"We're not litigious people," Mr. Instone said. "[The award] is just enough to give her a start."
Mr. Instone said the couple had not considered legal action until Mrs. Instone was pregnant with their second daughter and one of their medical practitioners who was familiar with Madelyn's situation urged them to seek legal advice.
"We just did what we had to do as parents," Mr. Instone said of the care and therapy they provided their daughter.
Madelyn has completed therapy for her arm, but her paralysis will likely preclude her from the majority of occupations.
It's vindication. "We never had from day one, have anyone say that they're sorry," he said. "They treated it as if they didn't care."
The award equals about $10,000 a year, based on a life expectancy of 73 years, the Cleveland malpractice attorney said.
"She went through a lot of painful therapy," Mr. Casey said.
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