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05/15/26 May 15th, 2026 - Tennessee Birth Injury

Memphis Jury Awards $38.8 Million in Birth Injury Verdict Over Delayed C-Section

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 LawyersWhat 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.

Memphis Jury Awards $38.8 Million in Birth Injury Verdict Over Delayed C-Section

05/13/26 May 13th, 2026 - Tennessee Medical Malpractice

Memphis Jury Awards $38.8 Million Birth Injury Verdict Against UT Regional One Physicians

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.Case at a Glance 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)What Did the Jury Award? 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.What Happened During Labor and Delivery? 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.Why Did the Jury Side with the Plaintiff? 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.Why This Tennessee Birth Injury Verdict Matters 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. Verdicts like this one deserve to be seen. Major Verdict is the only platform where plaintiff attorneys can publicly display their trial results and settlements, for free. Create your profile today and let your record speak for itself.Frequently Asked Questions 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.

Memphis Jury Awards $38.8 Million Birth Injury Verdict Against UT Regional One Physicians

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