Jury awards couple $11.5M in lawsuit over son’s brain damage

Posted By: Channel 8 Eyewitness News


A jury has awarded an Omaha couple $11.5 million in a medical malpractice lawsuit filed over brain damage they say their son received during birth at Methodist Women’s Hospital.

The lawsuit by the parents of Jackson Cuenca says among the allegations that improper use of forceps caused permanent brain injury during his 2010 birth.

Thomas Shomaker, an attorney for the defendants, Nebraska Methodist Hospital and Physicians Clinic, said Tuesday that there was no wrongdoing or failure by medical staffers to meet the standard of care.

On Wednesday he told The Associated Press his clients are considering an appeal. He also says the judge is expected to reduce the award to $1.75 million the 2010 state cap on medical malpractice damages.