Nashville, Tennessee — In a landmark Tennessee court decision, a Nashville family was granted nearly $47 million in damages after their daughter sustained severe brain damage at birth due to alleged medical negligence. The trial, which addresses issues of urgent healthcare delivery, concluded with the state’s highest-ever medical malpractice award.
The jury’s verdict came after a detailed examination of the events leading up to the birth of Vivian Boughton at Ascension St. Thomas Midtown Hospital on September 29, 2018. Legal representatives for the family argued that delays in the delivery process exacerbated the newborn’s health challenges, leading to permanent brain injury.
Scott Boughton, Vivian’s father, shared that the path to justice had been grueling for the family. “This verdict is a testament to the years of seeking accountability for what happened to our daughter,” he stated, expressing gratitude towards their legal team and the jury.
The family’s legal proceedings began with claims against the attending obstetrician, Dr. Sa Cara Shaw, and the care providers, Tennessee Women’s Care, although these were settled before the trial without any admission of fault. The primary litigation was therefore directed at St. Thomas Midtown Hospital.
The specifics of the birth reveal a troubling timeline. Cayce Boughton, the mother, was admitted to the hospital in the late afternoon but was not transferred to the delivery room until several hours later. Despite signs of fetal distress just past midnight, critical interventions were delayed. Vivian was eventually born the next morning showing no signs of life and needed immediate resuscitation.
Medical evaluations later confirmed that Vivian had suffered from hypoxic ischemic encephalopathy, a condition resulting from insufficient oxygen to the brain. She was diagnosed with cerebral palsy, epilepsy, and severe developmental delays as a direct result of the birth complications.
During the trial, the defense for Dr. Shaw contended that the medical care provided was in line with professional standards, a stance supported by expert testimony. However, deliberations led jurors to assign 25% of the responsibility for Vivian’s injuries to Shaw, with the remaining 75% attributed to the negligence of nurses at St. Thomas.
Financially, the judgment was substantial, setting a precedent in Tennessee; however, state caps on non-economic damages are expected to reduce the final payout from the adjudicated $46,993,500. The specific distribution holds the hospital responsible for the majority of the compensation, with no financial liability falling upon Dr. Shaw as her early settlement removed her from direct financial consequences in this specific trial.
This case underscores the complex interplay between healthcare providers and the urgent need for efficient medical responses. It also highlights the broader implications of medical practice standards and the severe consequences that can arise from procedural failures.
A representative from Ascension has not yet responded to requests for comment regarding the jury’s decision and the hospital’s next steps. This case might serve as an important study for healthcare facilities in assessing and refining their delivery room protocols and emergency response strategies.