On August 1, 2007, Charles Dean, the baby boy of the Deans, was born by cesarian emergency delivery just 23 months and 4 days into the pregnancy and weighed just 1 pound and 26 ounces. Baby boy Dean lived for two (2) days and then died as he was just too small to survive outside the womb at that time. The parents of baby boy Dean, the Deans, brought a Medical Malpractice lawsuit against the two (2) obstetricians in charge of the care of the mother, Katherine Dean, during her pregnancy, for the Wrongful Death of Baby Boy Charles Dean. The case is Dean v. Central Georgia Women’s Health Center, No. 72025.
In the lawsuit, the Deans argued that the mother had a prior history of miscarriage and a cervix condition and that, although all the tests that were ordered by the doctors were correct, when the mother began experiencing problems that lead to the premature delivery, the doctors failed to follow through when they should have been paying attention and doing more to stop the premature delivery of this baby. The Defense argued that the mother’s cervical condition and the premature delivery were not synonymous and that the treatment that a medical expert testified should have been performed during the pregnancy would not have prevented the premature labor and subsequent delivery.
The Macon, Georgia, Bibb County, Jury would disagree with the doctors’ defense, however, and, after a two (2) hour and fifteen (15) minute deliberation following a seven (7) day trial, would render a verdict in the total amount of $ 4.3 million dollars for the Deans.