LOUISA—A Lawrence Circuit Court jury consummated a two-day trial by finding that Three Rivers Hospital had breached its duty and that its actions caused injury to and eventually the death of newborn infant, Chandler Blake Russell, who was born on May 29, 2009 and died on July 7, 2009.
The lawsuit, filed on July 2, 2010 by Kirk & Crum, PLLC on behalf of Selena Russell, Individually and as Personal Representative of the Estate of Chandler Blake Russell, alleged that Selena Russell was admitted to Three Rivers on May 3, 2009 for the delivery of her unborn son and that Three Rivers “failed to exercise toward Selena Russell and her child that degree of care or skill ordinarily expected of reasonably prudent hospitals under the same or similar circumstances.”
The suit further alleged that Three Rivers “negligently failed to follow its policies and/or procedures, or else negligently failed to adopt appropriate policies and procedures for pre-natal monitoring” and that “as a result of Three Rivers’ negligence, Chandler Blake Russell was injured.”
As a result of the injury, the suit alleged that medical expenses of $500,000 were incurred and that as a result of the injuries the infant died, all of which allegedly caused significant damages to the mother, Selena Russell.
Selena Russell was represented by Kyle Salyer of Kirk & Crum, PLLC of Louisa and Richard Hay and Sarah Hay ofSomerset, Kentucky. The hospital is represented by Sean Ragland and Nicholas R. Hart of Louisville and Eldred E. Adams, Jr. of Louisa.Following an emotional two-days of testimony, the jury returned with a 9-3 verdict that found the hospital at fault for the infant’s birth injury and subsequent death. The jury awarded the sum of $1.183 million in a verdict against the hospital.
“As a rule, our firm does not sue medical providers because we are very appreciative of the tasks they perform and how good and valuable their services are,” John Kirk said, adding, “that the matter of Selena and the death of Chandler Blake Russell was very emotional to all of us and we felt we just had to do something for this heartbroken mother.”