T.J. Samson Community Hospital found negligent in the medical malpractice lawsuit filed by parents of a boy who suffered a brain injury during his delivery.
The $17.5 million settlement, signed by Barren Circuit Judge Phil Patton, came a few months after a jury ordered the hospital to pay $18.27 million to Tristan Hamilton and his mother, Brittney Hamilton. Tristan Hamilton has required persistent care since suffering the injury in 2007 during delivery. His mother, acting as Tristan’s guardian and conservator, filed a lawsuit against the hospital and the obstetrician/gynecologist who delivered the baby. A civil trial held in November resulted in a jury finding that the hospital acted negligently in deviating from the accepted standard of care for Tristan, with the negligence being a substantial factor in causing the child’s injury. Kelly Dirig, the OB/GYN who delivered the baby, was cleared of any liability by the jury. Louisville attorney Tyler Thompson, who represented the Hamiltons, said he agreed to a reduction in the financial settlement from the jury verdict in exchange for the hospital declining to appeal the verdict to the Kentucky Court of Appeals. The $17.5 million is for medical, hospital and prescription-related expenses to date and in the future and also accounts for mental anguish and pain and suffering in the past and future and impairment of power to earn money. “It sounds like a lot of money, but when you factor it out over the course of (Tristan’s) life expectancy, he’s going to need it,” Thompson said. “It’s hard to envision this money lasting until 2070, because that’s what it’s going to have to do and hopefully will.” Thompson said Brittney Hamilton was glad to have the case behind her. “She’s got security now knowing that if something happens to her, (her son) will be taken care of,” Thompson said. “That was first and foremost in everybody’s mind.” Glasgow attorney Jeff Herbert, who represents the hospital, did not return a message seeking comment. Originally posted by Justin Story on bgdailynews.com. Medical Malpractice – Ball & Bonholtzer Trial Attorney – Los Angeles