Jury Awards $1.4 Million to Mother who Watched Baby Decapitated at Birth

LOUISVILLE -

Birth Injury Attorney Mark Mathys
Attorney Mark Mathys in trial

Law Offices of Mathys & Schneid is proud to report that justice was served yesterday. In Louisville, Kentucky, a jury found in favor of Micheatria Donelson, represented at trial by Mark Mathys and local counsel Wade Yeoman and Larry Jones. The jury found that Ms. Donelson's doctors were responsible when one of her doctors improperly placed a cerclage that led to an early delivery of her high-risk pregnancy at Norton Suburban Hospital. During the delivery, Dr. Billota decapitated her baby. As Ms. Donaldson was not properly draped during delivery, she witnessed her son's decapitation.

Five years after her son's decapitation, the jury awarded nearly $1.4 million to Ms. Donelson for pain and suffering. Ms. Donelson still suffers from post traumatic stress disorder, anxiety and depression as a result of this horrific event. Prior to delivery of the child, the evidence showed that the baby's legs were kicking but stopped before the doctor arrived. Unfortunately, because the baby boy was only 21 weeks old and was not viable, he was not entitled to any independent recovery for wrongful death under Kentucky law.

As local news outlets have reported, Donelson's legal team insists that the verdict will help to bring Ms. Donelson closure and the means to cope with the tragedy. "I think this is a vindication for Micheatrea and all that she went through," Mark Mathys asserted. "This suffering has changed her life."

"We think that justice was served here today. The jury found in favor of Micheatrea and found that these doctors did not deliver the standard of care that's required of doctors in this community," said Larry Jones, another of Donelson's attorneys. It is hoped that the substantial verdict will inspire community physicians to practice with more care in the future, so that no other mother will ever have to suffer through what Ms. Donelson was forced to witness.