A Memphis jury has returned a $38,816,500 birth injury verdict on behalf of a young boy and his family after finding that physicians waited roughly 14 hours to perform a C-section despite repeated warning signs during a prolonged labor. The May 13, 2026 verdict held Dr. Roberto Levi D'Ancona and Dr. Claudette Shephard of UT Regional One Physicians, Inc. responsible for the child's permanent injuries. The family was represented by Thomas Greer, Jodi Black, and Eric Espey of Greer Injury Lawyers in Memphis, Tennessee.
Case at a Glance
- Verdict: $38,816,500 ($3.8M loss of earning capacity, $8,016,500 lifetime care plan, $27M non-economic)
- Case Type: Birth Injury / Medical Malpractice
- Jurisdiction: Memphis, Tennessee
- Verdict Date: May 13, 2026
- Plaintiffs: A young boy and his family
- Defendants: Dr. Roberto Levi D'Ancona and Dr. Claudette Shephard, UT Regional One Physicians, Inc.
- Plaintiff Attorneys: Thomas Greer, Jodi Black, and Eric Espey, Greer Injury Lawyers
What Happened During the Delivery?
The case centered on the labor and delivery care provided to a first-time mother who presented in early labor with an elevated white blood cell count, a possible sign of infection. According to the firm, she went on to develop a severe intra-amniotic infection during a prolonged labor.
Over the course of that labor, fetal monitor strips showed intermittent warning signs. They included an eight-minute deceleration following rupture of the membranes, with meconium present, while the mother was only four centimeters dilated. The plaintiffs alleged that, despite these red flags, a cesarean section was not performed for roughly another 14 hours.
The plaintiffs' theory was that a timely delivery would have spared the child from the cascade of complications that followed.
What Injuries Did the Child Suffer?
The boy, now 9 years old, was born with sepsis and persistent pulmonary hypertension that required ECMO support, a form of life support for the heart and lungs. He later experienced intracranial bleeding, a tied-off carotid artery, and a stroke at ten months old.
The lasting result, according to the family's attorneys, is intellectual disability that will require lifetime care. The jury's award reflected both that future care and the human toll of the injuries.
Why Did the Jury Award $27 Million in Non-Economic Damages?
Of the total verdict, the jury assigned $27 million to non-economic damages, the portion meant to compensate for pain, suffering, and loss of a normal life rather than measurable financial loss. The remaining figures were economic: $3.8 million for loss of earning capacity and $8,016,500 for a lifetime care plan.
That breakdown shows how heavily the jury weighed the non-financial harm in a case involving a child facing a lifetime of disability. Economic damages can be calculated from care plans and earnings tables, but the non-economic award signals how the jury viewed the severity of what the family experienced.
Who Represented the Family?
Thomas Greer led the trial team from voir dire through verdict. Attorneys Jodi Black and Eric Espey spent years building the case, taking depositions, securing expert witnesses, and preparing the evidence for trial.
"Behind this verdict is a family that showed incredible strength and had the courage to see this through," said Thomas Greer, founding attorney of Greer Injury Lawyers. "A jury of twelve people heard what this mother, this boy, and this family endured, and they delivered justice. We are honored to have been part of their journey."
Why This Memphis Birth Injury Verdict Matters
Birth injury cases are among the most difficult medical malpractice claims to try. They turn on minute-by-minute readings of fetal monitor strips, expert testimony on the standard of care, and a clear timeline showing when intervention should have happened. This verdict shows what a jury can award when the evidence connects a delayed decision to a lifetime of harm.
For families navigating the aftermath of a birth injury, the result is also a reminder that the strength of the trial preparation often shapes the outcome.
If you or someone you love has been seriously injured, verdicts like this one show what juries are willing to award when the evidence is strong and the attorney is prepared. Find a plaintiff lawyer on Major Verdict who has the trial record to back it up.
Frequently Asked Questions
Q: What is a birth injury medical malpractice claim?
A birth injury malpractice claim alleges that a doctor, nurse, or hospital provided care during pregnancy, labor, or delivery that fell below the accepted standard and harmed the mother or child. In this case, the family alleged that physicians failed to perform a timely C-section despite warning signs of infection and fetal distress, leading to permanent injuries.
Q: What are non-economic damages in a verdict like this?
Non-economic damages compensate for losses that do not have a fixed dollar value, such as pain, suffering, disability, and loss of a normal life. Here the jury awarded $27 million in non-economic damages, separate from the economic awards for future medical care and lost earning capacity.
Q: Why does the timing of a C-section matter in a birth injury case?
When warning signs such as fetal heart rate decelerations, meconium, or maternal infection appear, the standard of care can call for prompt delivery to prevent oxygen deprivation and related complications. The plaintiffs argued that a roughly 14-hour delay in performing the C-section allowed a series of severe complications to develop.
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