Paul McGivern on Winning Team at The Supreme Court of Canada for Child Who Suffered a Brain Injury at Birth - May 24, 2013

Paul McGivern was among the team of lawyers representing a child injured during his birth. The child's mother previously delivered a child by a cesarean section. When she was delivering her second child, the plaintiff infant in this lawsuit, an attempt was made to deliver the baby by vaginal delivery (an attempt at vaginal birth after a caesarean section is known as a VBAC).

During this delivery, the uterus ruptured along the original caesarean section scar, and the baby was extruded into the mother's abdomen, depriving him of oxygen for over 20 minutes. The Supreme Court of Canada ordered that the doctor compensate the child for his injuries. The original award of $4 million was reinstated. Over half of the award is for the costs of the care that the child will need for the rest of his life to maximize his health and ability to get on with his life and interact with the world around him, despite his permanent injuries. After years of struggling to manage the special challenges of a life with cerebral palsy, the child and his mother will now be able to obtain the equipment, housing and care that the child so desperately needs.

http://www.canlii.org/en/ca/scc/doc/2013/2013scc30/2013scc30.pdf