Jury awards $11.75 million in damages

Dr. Dilworth, UVMC found liable in case

MIAMI COUNTY — On Thursday, a jury awarded $11.75 million in damages to the parents of a child who suffered severe brain damage at birth under the care of Dr. Daniel Dilworth and Miami County OB-GYN and Associates and Upper Valley Medical Center following a four-week civil trial in Miami County Common Pleas Court.

Jason and Brittany Pierce of Tipp City, on behalf of their now 9-year-old son, sued Dilworth and Upper Valley Medical Center for medical malpractice following the birth of the child in February 2007.

The jury found Upper Valley Medical Center was 70 percent and Dr. Dilworth was 30 percent liable for the injuries the child sustained during birth.

The majority of the award was $10.3 million for future economic loss including medical care expenses, rehabilitation services plus $1.8 million in salary and lost compensation. The civil suit also awarded each parent $150,000 for loss of consortium.

According to records, the infant was not breathing at the time of birth and was later diagnosed with cerebral palsy and developmental delays. The civil suit claimed both the hospital, nursing staff and Dr. Dilworth failed to accurately read fetal monitoring tapes, contraction patterns, mismanaged the induction of labor, and failed to report to the physician an accurate status of the labor of Mrs. Pierce.

The suit states as a direct and proximate result of Upper Valley Medical Center, Dr. Dilworth and staff’s negligence, the baby suffered a permanent irreversible brain injury and will continue to suffer from the injuries throughout his lifetime.

The suit states the child will require ongoing medical care, therapy and he will be unlikely to care for himself or live on his own.

The Upper Valley Medical Center provided the following statement,”Our hearts go out to the Pierce family, and we certainly wish them well.”

Dr. Dilworth, UVMC found liable in case