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Parents File $150M Suit Against Naval Hospital

Parents Blame Botched Delivery For Child's Brain Damage

POSTED: Thursday, February 8, 2007
UPDATED: 9:11 pm EST February 8, 2007

The parents of twin boys have filed a multimillion dollar lawsuit claiming one of their sons will never be able to live a normal life and that a military hospital is to blame.

The parents of 1-year-old Gavin Alcorn are filing a $150 million claim against Naval Hospital Jacksonville, accusing doctors and staff of medical malpractice. The couple said the boy is brain damaged because of a botched delivery.

However, the commander of the hospital, Capt. Raquel Bono, argued on Thursday that there were complications with the pregnancy before the birth.

Gavin was born in May 2005 and is severely disabled. He suffers from a form of cerebral palsy.

On Thursday, in a somewhat bizarre occurrence, a public relations battle began as the naval hospital answered questions before the suit was even filed.

"I was not planning this conference today. We're having it because the Navy had a press conference today," said the Alcorn's attorney Sean Cronin.

"When these lawsuits or allegations come forward, they can be demoralizing but at the same time, it's a little like crying wolf," Bono said.

The Alcorns' lawsuit is not the first time the naval hospital has been sued. Nor is it the first time Cronin's firm has taken part. In November, a woman filed a $5 million lawsuit, saying that doctors operated on her with dirty surgical instruments. In 2005, a couple sued the hospital on grounds it was responsible for their baby's death. Another couple was awarded nearly $61 million because their baby suffered serious brain damage during delivery.

The Alcorn family of Gavin has asked for a large sum -- $100 million dollars for the child and $25 million for each parent.

Cronin said the amount is high because Gavin will need extensive care for the rest of his life.

However, why the 1-year-old is in his current state remains in dispute.

The claim states the "failures of the physicians and staff of Naval Hospital Jacksonville, due to asphyxiation during birth process, Gavin Alcorn sustained a severe brain injury."

"The medical records, which I can show you, document his injury and that it occurred during the birth process," Cronin said.

"We know that about 60 to 70 percent of the time the cause of that happens during the pregnancy, and only about 5 percent does it actually happen during the birth," Bono said.

The law firm said it was surprised the Navy came out first on the issue.

"I've never seen this before. I mean, this is a very serious situation, a serious claim that we're making," Cronin said.

The lawsuit is expected to be reviewed by a judge. If no settlement is reached, then it will go to trial.
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