Jury awards $5 million in malpractice case

A Las Vegas jury has awarded the mother of a 12-year-old girl with the functioning intelligence of a kindergartner $5 million after finding Valley Hospital Medical Center guilty of medical malpractice.

The lawsuit stemmed from improper care Taineira Rivera-Garcia received in February 1995 between the time her mother arrived at the hospital to the girl's birth, attorney Tony Sgro said.

Taineira, who attends the Florida School for the Deaf and the Blind, suffered oxygen deprivation, which led to brain damage, Sgro said.

"Doctors don't ever expect her to improve much from the kindergarten level,'' he said.

According to court documents, the jury awarded $931,956 for Taineira's past pain and suffering, about $2.7 million for future pain and suffering, $750,000 for future loss of learning capacity, $121,000 for past medical expenses and $400,000 for future medical expenses.

The money, once it is available, will be put into a trust fund for Taineira in Nevada, Sgro said.

Sgro, who handled the case with attorney Jennifer Oetter, said he assumes Valley Hospital will file an appeal.

Valley Hospital attorney John Cotton could not be reached for comment late Friday.

Sgro said Taineira's mother, Waneira Garcia, relocated to St. Augustine, Fla., to be near her daughter's school.

"I don't think any parent would trade in the health of their child for all the money in the world,'' Sgro said.