Ontario Medical Malpractice Suit Results in a $12 Million Award to Twins with Cerebral Palsy

One of the largest medical malpractice awards in Canadian history was obtained in Ontario in 2006.

Ontario Medical Malpractice Suit Results in a $12 Million Award to Twins with Cerebral PalsyOn October 20, 2006, an Ontario court awarded some $12 million to the parents of twin girls born with cerebral palsy. The twins were born prematurely as the result of the mother, Carrie Bovingdon, having taken a fertility drug for which she did not fully know the risk factors. After hearing the evidence in this case, the six-person jury determined that the twins’ mother was not properly informed of the risks associated with the drug Clomid that her doctor Carrie prescribed to stimulate ovulation.

At trial, the Bovingdon’s lawyer alleged that the doctor failed to tell the Bovingdon that the use of Clomid increased her chances of having twins, and consequently, premature birth was also a risk factor. The mother’s lawyer argued that the negligence at issue wasn’t that Clomid was prescribed, but rather, negligence occurred when Bovingdon’s doctor failed to disclose the risks involved in taking the popular fertility medication.

Doctor in Medical Malpractice Lawsuit Filed to Disclose Risk Factors of Using Clomid

Ms. Bovingdon claimed that had she known of the risk of having twins, which was a 10% chance instead of the 3 – 5% chance her doctor reported, she would not have continued taking the Clomid as she would not have wanted to risk that outcome of her pregnancy. Bovingdon had miscarried twice before and had also experienced a premature birth, so she was confident that the risk factors of Clomid had they been correctly presented to her would have caused her to reject taking the drug.

Unfortunately, Bovingdon was not warned about the risks until it was too late and her twins, Karley and Kaylin were born at 30 weeks with “profound health problems.” At the time of the trial, the twins were 13 years old. Twin Kaylin is confined to a wheelchair due to her paraplegic condition, but can talk and go to school. Sister twin Karley suffers pain from bowel obstructions, is a quadriplegic, blind, cannot speak and must be fed through a tube. Only leaving the family home for medical care, Karley’s existence is non-existent.

Consult with Experienced Medical Malpractice Lawyers like those at Girones Lawyers

Medical malpractice is the leading cause of birth injuries. While a lawsuit won’t bring back the health of your child, it may be able to provide you with some much-needed financial assistance for the care of your child or loved one. If you or a loved one has suffered an injury that you believe was the result of negligence or incompetence on the part of a doctor or medical institution, contact an experienced medical malpractice lawyer like those at Girones Lawyers to learn what your rights are and any compensation for damages you may be entitled to.