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Jury Awards $38 Million To San Jose Family In Malpractice Suit

Jan 1, 2002 | AP

A San Jose family has won a 38 million dollar malpractice award after a jury agreed that delayed care for a newborn baby led to serious brain damage.

The Santa Clara County Superior Court jury yesterday ruled against the San Jose Medical Group, Doctor Ilene Newman and Regional Medical Center of San Jose.

Brandon Nunez is now three years old and lives at home with his parents, Carmelo and Sonia Nunez.

Sonia Nunez was two weeks overdue when she went into labor on September 27th, 1999. Her labor didn't progress normally and experts testified that an immediate Caesarean section was called for.

A C-section was finally performed, but Fagel says that by that time the baby had already suffered brain damage.

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