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November 19, 2013

Family Gets $4.25M from UMass Memorial Doctor

A campus of UMass Memorial Medical Center

A couple who claimed that mismanagement by doctors at UMass Memorial Center led to cerebral palsy in their daughter earned $4.25 million in a settlement last week.

Thomas and Athena Bulger of Auburn sued Dr. Robert Berry and two other doctors in August 2010 after their daughter Gracie, 4, was born with brain damage that will prevent her from walking, talking or living independently, said Suzanne McDonough of Keches Law Group, which represented the family.  

The suit claims Dr. Berry mishandled the birth by not monitoring the baby during the last 50 minutes of the two-day labor process and holding off for four hours before agreeing to Mrs. Bulger’s demand for a Cesarean section. During that last hour, McDonough said the baby’s heart rate began to look troublesome.

The Bulgers were prepared to argue at trial that the damages to Gracie were inflicted in the final hours of labor, McDonough said. The case was settled before a trial date had been set.

UMass Memorial did not respond to requests for comment.

McDonough said the money will be used to pay for therapies for Gracie and to provide for caretakers to look after her for the rest of her life.

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