4th Circ. Nixes $7.1M Award In Baby Brain Injury Suit

Law360 (July 11, 2019, 9:04 PM EDT) -- The Fourth Circuit on Thursday threw out a $7.1 million bench award in a suit accusing a federally employed doctor of botching a newborn’s treatment and causing brain damage, saying the judge erroneously found that the doctor breached the standard of care.

In a published opinion, a three-judge Fourth Circuit panel unanimously vacated a West Virginia federal judge’s bench ruling in favor of Kayla Butts in a suit accusing Dr. Sarah Hardy, an employee of federally funded Shenandoah Community Health, of causing permanent brain damage to Butts’ daughter, referred to in court papers as A.F.

The suit claims Hardy failed to...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - 4th Circuit

Nature of Suit

2362 Medical Malpractice

Date Filed

June 21, 2018

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