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$15M award in problematic birth Jury finds doctor, hospital at fault in 2001 delivery of boy with cerebral palsy BY SHANNON PRATHER Pioneer Press A Ramsey County jury has awarded more than $15 million to a woman whose son was born with cerebral palsy and other health problems, concluding she received negligent medical care during labor. Jurors found Dr. Samuel Donegan of the Aspen Medical Group and staff at United Hospital were negligent during the 2001 birth, failing to react to signs that the mother, Meshell Davis, and her baby were in distress. The jury determined Donegan was 90 percent liable for baby Dhevyn Blackburn's disabilities and United Hospital was 10 percent responsible, even though United had settled with Davis and was not a party to the trial. The jury's award makes Aspen Medical Group's insurer responsible for paying $14 million. United Hospital, owned by Allina Hospitals and Clinics, and its nurses reached a settlement prior to the trial, but jurors were still asked to determine their responsibility. Under the confidential agreement, it is unknown how much money, if any, United will pay. A defense attorney said he would ask Ramsey County District Judge David Higgs to set aside the Oct. 26 verdict, but a plaintiff's attorney for the family said the jury reached the right conclusion. "Our position was the doctor should have come to see Meshell Davis much sooner than he did," said Davis' attorney Stephen Offutt, who is based in Baltimore. "Had he done that, he would have seen the need to have this child delivered much sooner. Had that been done, this child would have been born before serious brain damage set in." Davis was admitted to United Hospital about 7:30 a.m. May 2, 2001. Davis' attorneys and their medical experts alleged that by 9 p.m., Davis was in distress and needed an emergency Caesarean section, but nurses missed warning signs. Donegan arrived at the hospital at 3:10 a.m. May 3, 2001, and the baby was born vaginally about an hour later. An attorney for Aspen's insurance company called a medical expert who testified an infection of the birth canal days before the birth caused the disabilities. The doctor and the hospital staff provided quality care, said J. Richard Bland, the attorney for the Minnesota Medical Insurance Co. "The injury to Dhevyn wasn't caused by the labor and delivery. We are very disappointed by this verdict," Bland said. "It appears to be one given out of sympathy and emotion, not on the scientific evidence and medicine the jury heard about." Donegan could not be reached for comment, but a spokeswoman for Aspen Medical Group said he no longer works there. "Any lawsuit involving a birth is complex," according to a statement from Aspen. "Aspen Medical Group disagrees with the verdict in this case because we believe the medical care provided by the doctor formerly associated with Aspen was appropriate and the outcome could not have been prevented." David Kanihan, an Allina spokesman, said that because of the confidential settlement reached before trial, Allina officials would not comment on the litigation. "We would like to express our sympathy to the Blackburn family," Kanihan said. Dhevyn, now age 5, and his mother live in Las Vegas. According to a medical assessment in the court file, Dhevyn cannot walk but scoots around on his bottom. He cannot talk and needs to be fed mashed foods. He suffers seizures and will need a lifetime of care. One health care cost consultant estimated those costs at more than $8 million in his lifetime.
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