A jury awarded an Erie County mother $21.6 million Wednesday for her son’s botched birth. The award is the largest in the county’s history.
Hamot Medical Center – now UPMC Hamot – was found 100 percent negligent in the case for its failure to monitor fetal heart rate and other vitals.
The victim in the case, four-year-old Ja’Kareon Graham, was born with cerebral palsy because he was deprived of oxygen for several minutes following his birth. The jury awarded damages for the injuries, medical expenses, and Graham’s future loss of income due to the condition.
The child’s mother, Tina Graham, filed the lawsuit in 2008. The jury found that the hospital’s nursing staff was unprepared for the delivery, resulting in the botched birth.
Graham’s injuries render him unable to speak or walk, making him permanently dependant on others for case.
The previous record for a medical malpractice case in Erie County came in 2002 when a couple was awarded $4.2 million for the death of their baby during delivery. That award was later reduced to $1.2 million.


