Trial Magazine

Kirsten Drake presented to Henry Ford Hospital at 39 weeks gestation. The fetal monitor showed a normal baseline with moderate variability and accelerations. After Drake’s admission, the fetal monitor revealed decelerations and decreased variability. Less than two hours later, an obstetrician called for a cesarean section, but the procedure was not performed for another two hours. Drake’s son suffered asphyxiation and was diagnosed as having cerebral palsy and permanent brain damage. Now 13, he requires lifelong care.

Drake, on behalf of her son, sued the Henry Ford Health System, several nurses, and the obstetrician, alleging failure to perform a timely cesarean section. The plaintiff claimed a timely delivery could have prevented the child’s severe injuries. The Michigan Department of Health and Human Services joined the lawsuit, seeking to recover medical costs.

The jury awarded $120 million.

Citation: Drake v. Henry Ford Health Sys., No. 20-016361-NH (Mich. Cir. Ct. Wayne Cnty. Mar. 28, 2024).

Plaintiff counsel: AAJ member Brian McKeen, AAJ member John LaParl, and Kelley McLean, all of Detroit.