$3.3 million verdict
Attorney Jay Kelley
Marcus Butler is now 15 years old. His mother, Wanda Butler, for 15 years had been suspicious that something went wrong during his delivery. Marcus was a twin and his brother was born perfectly normal. The obstetrician, Adolph Harper, had always reassured her that cerebral palsy is sometimes a complication of any delivery.
It was during a meeting with a medical malpractice attorney from Elk & Elk that Wanda Butler learned that cerebral palsy is not normal and often times caused by the negligence of the obstetrician.
According to an Elk & Elk Attorney, “Once we looked into it, Butler’s case was a very strong case.” Butler had delivered three other children before the twins without complications. An ultrasound showed the twins could be delivered without complications, and a C-section that was scheduled was cancelled. The first twin, Maurice, was delivered, and then it was discovered that Marcus was breech. Harper was not successful in repositioning Marcus, and a C-section was ordered.
According to testimony, the unborn infant suffered brain damage due to the lack of oxygen which was a direct result of the doctor’s delay and a crossed umbilical cord. The jury voted 7-1 that the brain injury was due to Harper’s negligence.
Today, Marcus functions at the level of a three year old and attends special education classes at North High School.
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