A Memphis, Tennessee jury returned a $38,816,500 verdict on behalf of a young boy and his family after finding that physicians failed to timely diagnose an intra-amniotic infection and delayed a necessary C-section during a prolonged labor. The verdict targets Dr. Roberto Levi D'Ancona, Dr. Claudette Shephard, and their employer, UT Regional One Physicians, Inc. The plaintiffs were represented at trial by Thomas Greer, with case preparation led by Jodi Black and Eric Espey of Greer Injury Lawyers PLLC.
- Verdict: $38,816,500
- Case Type: Medical Malpractice (Birth Injury)
- Court: State court in Memphis, Tennessee
- Verdict Date: May 13, 2026
- Plaintiff: Minor child and family (name not disclosed)
- Defendants: Dr. Roberto Levi D'Ancona, Dr. Claudette Shephard, UT Regional One Physicians, Inc.
- Plaintiff Attorneys: Thomas Greer, Jodi Black, Eric Espey (Greer Injury Lawyers PLLC)
The jury broke its $38,816,500 award into three components: $3,800,000 for the child's loss of earning capacity, $8,016,500 to fund a lifetime care plan, and $27,000,000 in non-economic damages. Each figure was tied to evidence presented at trial about the child's lifelong medical needs and the family's experience over the nine years since his birth.
According to the plaintiffs, a first-time mother arrived at the hospital in early labor with an elevated white blood cell count, an indicator that often signals infection. Over the course of a prolonged labor, fetal monitor strips reportedly showed intermittent warning signs, including an eight-minute deceleration after her membranes ruptured and the presence of meconium while she was only four centimeters dilated. Despite those signs, the plaintiffs alleged that a C-section was not performed for another fourteen hours.
By the time the baby was delivered, he had sustained injuries the jury found were tied to the delay. The child was born with sepsis and persistent pulmonary hypertension severe enough to require ECMO life support. He also suffered an intracranial bleed, had a carotid artery tied off as part of his early care, and experienced a stroke at ten months old. Now nine years old, he lives with intellectual disability and requires lifelong care.
The case turned on whether the obstetric team should have recognized the warning signs of an intra-amniotic infection and moved to a C-section sooner. The plaintiff's team presented expert testimony, fetal monitor strips, and the mother's clinical records to argue that the standard of care required earlier intervention. The jury's verdict reflected a finding that the delay caused the child's injuries.
"A jury of twelve people heard what this mother, this boy, and this family endured, and they delivered justice," said Thomas Greer, who served as trial counsel for the family.
Birth injury cases are among the most resource-intensive trials a plaintiff firm can take on, requiring multiple medical experts, life-care planners, economists, and years of preparation. A $38.8 million Tennessee verdict signals that Memphis juries are willing to award full economic and non-economic damages when the evidence supports a clear breach of the obstetric standard of care. It also reflects the lifetime cost of caring for a child who will need support for the rest of his life.
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Q: What are non-economic damages in a Tennessee birth injury case?
Non-economic damages compensate a plaintiff for harm that is not financial, such as pain, suffering, disfigurement, and loss of enjoyment of life. In a birth injury case, non-economic damages often reflect a child's lifetime of impaired quality of life and the family's experience caring for a severely injured child. The jury in this case awarded $27,000,000 in non-economic damages.
Q: What is intra-amniotic infection and why does it matter in labor?
Intra-amniotic infection, sometimes called chorioamnionitis, is an infection of the membranes and fluid surrounding a baby during pregnancy or labor. Warning signs can include an elevated maternal white blood cell count, fetal heart rate abnormalities, and the presence of meconium. When the standard of care calls for prompt delivery and that delivery is delayed, the baby is at increased risk for sepsis, brain injury, and other serious complications.
Q: Who can file a birth injury lawsuit in Tennessee?
A birth injury lawsuit in Tennessee is typically brought by the child's parents or legal guardians on the child's behalf. Tennessee imposes specific procedural requirements for medical malpractice claims, including pre-suit notice and a certificate of good faith. The filing deadline is generally one year from when the injury was discovered, subject to additional rules that can extend the deadline for minors. An attorney experienced in Tennessee birth injury litigation can evaluate the specific deadlines that apply.