Medical Malpractice - In The News



Pearl Harbor Family Awarded
$2 Million in Brain Damage Suit

By Lee Catterall

HONOLULU - A Pearl Harbor officer's wife was awarded nearly $2 Million by a federal judge yesterday in compensation for her son's brain damage, which was caused by poor hospital procedures during his birth eight years ago.

Mari B. Tudor contended in a non-jury trial in March that her son William's condition was caused during his birth at the Philadelphia Naval Hospital.

Judge Samuel King agreed in a ruling yesterday that the brain damage was caused by "vacuum" delivery using "a suction mechanism" instead of performing a Caesarian section "in spite of the fact that a surgical team appeared to be available and ready to intervene."

The vacuum process "was a highly controversial technique and one generally not accepted by the American obstetrical community in 1974 because of risk of injury to the head of the infant," King said in his written ruling.

Doctors resorted to the method because of complications arising from the fact that the birth came nearly four weeks beyond Mrs. Tudor's due date. MRS. TUDOR and her husband, Lt. Cmdr. Richard Tudor, did not learn of William's brain damage until he was 3 years old and a brain examination was performed because of his inability to talk. William now attends a special education class in an elementary school.

William has the erratic behavior of a 2-year-old and must be constantly watched.

King awarded $915,000 to pay for William's treatment at the San Marcos (Texas) Treatment Center Youth Facility until he is 30 years old, at which time he may be able to function outside a specialized facility.

Also, King awarded $490,000 in compensation for wages he would have been able to make if his birth had been normal, and $500,000 in compensation for his pain and suffering and "his loss of enjoyment of life."

The Tudors' attorney, Mark Davis, asked at the trial for compensation totaling $4 million.

email Mark Davis