And now here comes the lawsuit against the hospital, blaming it for the baby’s deficits. Attorney Harold “Tripp” Sebring III has couched the suit against University Community Hospital in Tampa as one on behalf of the child, Brianna Rose Lumley, rather than the mother, Robin Lumley. Per Chicago psychiatric trauma specialist Alexander E. Obolsky, the suit represents “chutzpah”: “This is America. You’ve got to love this country. This woman doesn’t know she is pregnant, but somebody else should.” (Colleen Jenkins, “St. Petersburg Times, Oct. 7).

“– and not simply like liability risks.” Still smarting from the trauma of an obstetrics malpractice trial, a young doctor gets a surprising and heartening patient referral. (Steven Erickson, M.D., “The true final verdict of my malpractice trial”, Medical Economics, May 16) (so far as I know, not the same S.E. who’s guestblogged for us).

Lawyers blame Jacksonville Navy hospital doctors for Kevin Bravo Rodriguez’s severe cerebral palsy (Nov. 12; Nov. 4, 2004; Feb. 2, 2004; Aug. 13, 2003; etc.). He cannot see, speak, swallow, or move his arms and legs, and will not live past age 21. Modern technology saved Bravo Rodriguez’s life after he was born without a heart-rate or respiration, and keeps him alive with 24-hour care that was adjudged to cost $10 million over the course of short life. The verdict included $50 million in pain and suffering. Because this was a Federal Tort Claims Act case, a judge was the finder of fact, and Carter-appointee Senior District Judge Jose A. Gonzalez can be credited with the largest FTCA verdict in history, which (including the millions in jackpot attorneys’ fees) will come out of taxpayers’ pockets unless it is reversed on the government’s promised appeal. (Nikki Waller and Noaki Schwartz, “A bittersweet $60.9 million”, Miami Herald, Nov. 25). This is attorney Ervin Gonzalez’s second appearance in Overlawyered this year for a $60 million+ verdict—see July 10.