Jackson couple receives $3.85 million in malpractice case

2005-04-14 / News

A Mobile County Circuit Court Jury has awarded a Jackson couple $3.85 million in a medical malpractice case.

The verdict was announced last Thursday after a five-week trial followed by three days of jury deliberations.

Angela and James Wade of Jackson sued Mobile Infirmary and Dr. Franklin Long, an obstetrician, after the death of their son, Daniel Curtis Wade, 6, in 2003.

Joseph C. "Mac" McCorquodale III, a Jackson attorney, represented the Wades. He contended that the boy’s death was the result of complications from his birth in 1996.

Mrs. Wade gave birth to twins. A girl was born first and reportedly had no health problems but Daniel, born second, was breech, or feet-first.

Long was charged with attempting to manually turn Daniel around to allow him to be born head first. That caused damage to his brain, the Wade’s attorneys claimed.

Testimony indicated that a few hours after his birth, Daniel began bleeding in the brain. Long’s lawyers said the bleeding was the result of being born 35 days premature.

Dozens of witnesses testified in the five-week long trial, including doctors, nurses and other healt care specialists.

Inspite of the sizeable verdict, McCorquodale said, "This case was never about money. It was about accountability and responsibility."

The attorneys for the Wades never asked for a specific amount of money, either in opening statements or closing arguments.

McCorquodale did call the award, "humbling." He said he was pleased with the jury’s decision.

Dr. Long’s attorney, Norman Waldrop of Mobile, told the Mobile Register that he was disappointed in the decision. "We do not believe there was any support for the claim," he said.

Waldrop said that Dr. Long and Mobile Infirmary will appeal the verdict.