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US hospital decides to contest compensation award to Indian family

Arthur J Pais in New York

The Elmhurst Hospital officials are expected to initiate proceedings against a state Supreme Court jury award of $ 26 million to a family whose child, Tina, was severely brain damaged during delivery at a New York hospital 10 years ago.

Hospital officials believe the award is "excessive" and will be reduced considerably. Though the original award was for $ 116 million, the judge had it reduced to $ 26 million. The money will, among other things, provide lifelong medical care to Tina Patel who cannot walk or speak or feed herself.

The Patels have moved to Georgia because Tina, prone to respiratory infections, would not have to face harsh New York winters.

The jury declared this week that senior doctors at Elmhurst Hospital had failed to properly oversee the birth of Tina Patel in November 1988, the Patel family's lawyer, Steven E Pegalis, said. Although the infant had been in a breech position, resident doctors decided to attempt a vaginal birth, he added.

The infant's head remained inside the birth canal for 10 minutes after the rest of her body had emerged, causing permanent brain damage, Pegalis said.

Considering the tricky feet-first position of the infant and the abnormal labour of the mother, he continued, doctors should have removed the child through caesarean section.

There was no senior doctor at hand, he said, adding that the residents were not up to the task.

More than 10 minutes had passed before a senior doctor arrived, he added.

"The family is very relieved," he said. "They are determined to give the best quality care to their daughter and keep the family intact."

But a top attorney for the Elmhurst Hospital said he hoped that another court would reduce the "excessive" award.

Gene Borenstein said the hospital had offered a settlement but the family had turned it down saying it was too low.

"Clearly, we lost on the liability and we just could not reach an amicable settlement," he added.

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