After years of legal wrangling, a 12-year-old Eureka, Utah boy who suffered brain damage at birth is a step closer to getting money to help compensate for his injuries.
The Utah Supreme Court on Tuesday ruled an insurance company cannot invalidate the medical malpractice policy of the obstetrician who made a failed attempt to deliver the boy with forceps. Under that decision, The Doctors’ Company (TDC), an insurance company based in Napa, Calif., remains responsible for an almost $1.3 million jury verdict in favor of Athan Montgomery. With interest, the total could top $2 million.
The insurer has argued for years that it should be excused from defending the doctor or paying any judgment on his behalf.
David Biggs, an attorney who represents Athan and his family, said: “We are pleased beyond measure that finally, this young child, now a young man, might be compensated for the medical malpractice that took place so many years ago.”
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