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Florida Woman Sues Ambulance Company for Birth Injuries

EVAC is a reputable ambulance service that is being charged with causing one prematurely born child to be born with a birth injury known as Cerebral Palsy.  These charges come in light of a tragic birth experience for a mother by the name of Margaret Shivers Chess. 

About six years ago, Chess was only six months pregnant went she went into labor prematurely.  Chess ignored excruciating labor pains for about two hours, but eventually brought herself to Bert Fish Medical Center located in New Smyrna Beach.  She was met by and cared for by John Milton, M.D., but Dr. Milton made a different call.  He decided that she should be sent to a more advanced hospital, Halifax Medical Center in Daytona Beach.  From New Smyrna Beach, Daytona Beach was at least twenty miles away.

But before Chess could be transferred, Dr. Milton called Thomas Stavoy, M.D. at Halifax.  Dr. Stavoy refused to accept her as a patient because her premature labor pains, and he recommended that she be transferred to Orlando's Arnond Palmer Hospital.

Following doctor's orders, Chess agreed to be transported to the better hospital via emergency vehicle service.  EVAC was called and carried Chess off to Orlando.  While in transport, Chess went into labor and gave birth to her son.  Documentation shows that the premature infant weighed no more than 1.7 pounds.  

This case has been tried by a jury once now.  But EVAC stood alone on it's day in court, because each one of the doctors involved in this case chose to settle outside of trial.  The jury found EVAC to be guilty because they acted negligently and demonstrated a "reckless disregard" while providing treatment, and this is what jury members believe to be the cause of the infant's cerebral palsy.

The jury awarded Chess approximately $10 million dollars in damages.  $6.4 million of which were awarded to cover medical expenses, $2.6 million were awarded for pain and suffering, and an additional $1 million dollars was tagged on to this hefty payout to cover the infant's future lack of "services, companionship, society, love, affection, and solace."  But the payout has yet to come, seeing as the attorneys for EVAC are fighting the settlement claiming a number of problems, some of which are: an exorbitant verdict, and not being properly informed of the mother's medical issues.  

EVAC still holds that they were just following doctor's orders and in no way did they act recklessly.  On the other side of the courtroom, the attorney's for Chess are crying foul play because of the sub-standard care Chess's child received from the time it was born in the emergency transport vehicle to the time it arrived at the respective hospital. 

EVAC also points out that it is a not-for-profit company that relies on subsidies from the county.  As a result, financially draining EVAC would in turn financially disparage Volusia County. 

This case is on appeal, and if EVAC loses there could be serious implications for the rest of America's emergency transport companies.  If a child you love has suffered from a birth injury and you want to fight for there justice and compensation, and most importantly, to prevent negligent companies from harming other children, we urge you to give our offices a call.  Our Kansas City-based child injury attorneys are prepared to serve you.  Contact our law office for more information.

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