A Jefferson County state court jury awarded a Birmingham couple $16 million in damages after finding that Brookwood Medical Center violated the standard of care for labor and delivery and participated in reckless fraud. MRB attorneys David Marsh and Rip Andrews tried the case for the couple, Caroline and J.T. Malatesta.
In March 2012, Caroline wanted nothing more than a safe and uneventful natural childbirth experience. After having three healthy children in the standard medicated way, Caroline was first drawn to natural childbirth by the ads Brookwood Medical Center ran on television, magazines and the internet. Those Brookwood ads emphasized a mother’s choice, individual birthing plans and freedom of movement, and they even mentioned water births. Caroline met with her newly chosen doctor at Brookwood and asked lots of questions before finally committing to a delivery at Brookwood.
The so-called natural childbirth experience at Brookwood turned out to be a nightmare for the Malatestas. Caroline had no freedom of movement; instead, she was restrained, sometimes forcibly. Caroline was offered no choice – it was the nurses’ way or no way. At one point, a nurse held the baby’s head to slow down delivery. Thankfully, Caroline delivered a healthy son but was left with painful and debilitating physical injuries she will have to endure the rest of her life. These injuries leave her little ability to be the sort of mother or wife she was before all this happened.
