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A Hayward jury awarded nearly $15 million to the family of a 2-year-old boy who was permanently brain damaged at birth because Alameda Hospital’s staff allegedly failed to notice complications in the delivery room. According to Oakland plaintiffs attorney Steven Brewer, Robin Page’s uterus ruptured when she was giving birth to her son, Colin, in January 2001. However, the hospital staff didn’t react fast enough, said Brewer, a name partner at Oakland’s Gwilliam, Ivary, Chiosso, Cavalli, & Brewer. Colin was eventually delivered by an emergency Caesarean section, but the boy would not have suffered any injuries if the procedure had been done 45 minutes earlier, Brewer said. George Clause, a partner at Ropers, Majeski, Kohn & Bentley’s San Jose office, represented the hospital and said the staff and the doctor’s actions met the proper standard of care. David Lucchese of Walnut Creek’s Galloway, Lucchese & Everson represented Dr. John Carper, another named defendant. A Galloway, Lucchese staff person said Lucchese was out of town and that the firm wouldn’t comment. Part of the defense’s case was that Robin Page, who had previously had a Caesarean birth, was aware that choosing a vaginal delivery would involve certain risks, Clause said. After a six-week trial before Alameda County Superior Court Judge David Hunter, the jury awarded the plaintiffs $6.1 million for Colin Page’s lost wages and $8.5 million for medical expenses. Clause said his client has not decided whether to appeal.

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