A young family was awarded $28.7 million, believed a record amount, in Trumbull County Common Pleas Court. The couple’s son was born in 2010 with cerebral palsy as a result of oxygen deprivation during birth. The family was represented by Christopher Mellino, founder and managing partner of the Mellino Law Firm.
The award is to provide $24.9 million for future care, $2.9 million for lost earning capacity and $500,000 each to the nearly 5-year-old child’s parents for noneconomic losses. The child was born at Trumbull Memorial Hospital and despite the use of a fetal heart monitor, the signs and symptoms of fetal distress were not recognized or acted upon.
The award was based upon Mellino proving that negligent care caused a lack of oxygen to the baby during delivery and resulted in severe irreversible injury to the child’s brain and developmental delays and inability to function as a normal child his age. The child will require assistance with personal care for bathing, dressing, positioning, hair and mouth care throughout his life. It is likely that he will require 24/7 caregiver support due to his communication and difficulty walking and not being able to control his arms and legs normally.
Mellino, author of the book Was It a Mistake? Your Ohio Medical Malpractice Questions Answered, has been involved in several landmark medical malpractice cases, including against the Cleveland Clinic, during his 30-year legal career.