Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
    • Business Bites
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • All Woman
  • Career & Education
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Classifieds
  • Design Week
High Court awards Bahamian family US$3.6m negligence payout
Justice Loren Klein (CMC Photo).
Latest News, Regional
July 21, 2025

High Court awards Bahamian family US$3.6m negligence payout

NASSAU, Bahamas (CMC) — A high court has awarded US$3.6 million to the Bahamian family of a child following a botched delivery 12 years ago that left their newborn boy with lifelong brain injuries and near-total physical disability.

“I, therefore, find on a balance of probabilities that the defendant caused the injuries to the plaintiff by his successive failed attempts to deliver the baby prior to the arrival of Dr Bloomfield and that the injuries were of a kind that fell within the scope of the defendant’s duty of care and were foreseeable,” Justice Loren Klein said in one of the country’s largest medical negligence awards.

Dr Gregory Carey, who has delivered more than 1,000 babies during his 30-year practice, denied negligence and blamed genetics for the child’s condition.

The 12-year-old boy is in a near-vegetative state, suffering from cerebral palsy, epilepsy and other neurological impairments.

The High Court heard that Dr Carey never apologised for the outcome and, according to the child’s father, even joked it was his “most difficult delivery” and that “they were trying to mess up his record”.

The child’s injuries were traced to hypoxic-ischemic encephalopathy (HIE), a brain injury caused by oxygen deprivation during delivery. The court found this was the result of prolonged and failed attempts at a vaginal delivery when a caesarean section should have been performed.

According to court documents, the child’s mother arrived at Princess Margaret Hospital around 4:15 am (local time) on August 5, 2012, and Dr Carey tried to deliver the baby using a vacuum extractor and later forceps, but both efforts failed.

After 30 minutes of unsuccessful attempts, another doctor, Dr Harold Bloomfield, the consultant gynaecologist and obstetrician, was called and delivered the baby at 11:45 am using forceps. The child was born unconscious, not breathing and with the umbilical cord around his neck. He was resuscitated and admitted to the Neonatal Intensive Care Unit.

In the weeks and years that followed, the child was diagnosed with a series of debilitating conditions, including West Syndrome, Lennox-Gastaut Syndrome, microcephaly, and permanent neurological impairment. Medical experts testified that he will require round-the-clock care for the rest of his life.

Dr Carey denied wrongdoing, claiming he was fully trained in the use of delivery instruments and that neither the vacuum nor the forceps was responsible for the injuries. He argued that developmental abnormalities or other unknown factors may have caused the damage.

Dr Bloomfield testified that he didn’t see any signs that the baby was in distress. And that if he had, he would have proceeded to a caesarean section.

“During my involvement in the delivery of the plaintiff, I did not detect any signs of cuts or contusions to the baby or the mother’s vaginal area, which would have been evident if the forceps were used forcibly or improperly by the defendant,” he said.

But Dr John Busowski, a specialist in the field of obstetrics and gynaecology, testified that sequential use of vacuum and forceps had been tied to increased rates of brain injury.

“In this tragic case, the use of multiple instruments used for her delivery resulted in trauma to the baby. These injuries were the direct cause of the child’s current and lifelong condition,” Dr Busowski said, adding that he believed that if a caesarean section had been performed after the first failed attempt at assisted delivery, the outcome would have been prevented.

Dr Ronald Davis, a specialist in neurology, testified that no evidence of structural abnormality implied a genetic abnormality to the plaintiff’s brain.

According to the judgment, after 25 to 30 minutes of attempts at spontaneous vaginal delivery, Dr Carey decided operative assistance was required and sequentially used a vacuum extractor and forceps to attempt delivery.

“At that point, attempts were made to deliver the baby, firstly by vacuum extractor, but the device was said to be malfunctioning, and, therefore, forceps were attempted. After those efforts collectively failed to deliver the baby, the defendant had the nurse call a consultant obstetrician and gynaecologist, Dr Homer Bloomfield,” according to the judgement.

It said that Dr Bloomfield arrived about 15 minutes after he was called and delivered the baby in five minutes with the use of forceps.

The judge noted that no claim of negligence was made against Dr Bloomfield, adding, “The evidence was that Dr Bloomfield was able to successfully deliver the baby in about five minutes, and there were no issues applying the forceps.”

“Whether this was because the baby’s head had rotated in an ideal position by the time Dr Bloomfield had arrived or because of his superior knowledge and experience, it matters not. The fact is that he was able, with minimal effort, to deliver him with the same forceps Dr Carey was unable to deliver him with,” the judge said, noting also the absence of empirical evidence to support the defence that the infant never showed signs of distress.

Tags:

botched delivery family The Bahamas
{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Infant dies, child injured as fire rips through Montpelier home
Latest News, News
Infant dies, child injured as fire rips through Montpelier home
March 10, 2026
ST JAMES, Jamaica — A six-month-old baby girl has reportedly died as a result of burns she sustained in a fire in Montpelier, St James on Tuesday morn...
{"jamaica-observer":"Jamaica Observer"}
Waterhouse continue resurgence with 1-0 win over MBU in JPL
Latest News, Sports
Waterhouse continue resurgence with 1-0 win over MBU in JPL
March 9, 2026
KINGSTON, Jamaica—Waterhouse FC continued their resurgence in the Jamaica Premier League after clipping leaders Montego Bay United 1-0 in their second...
{"jamaica-observer":"Jamaica Observer"}
$18 billion earmarked for school disaster preparedness in 2026/27 estimates
International News, Latest News
$18 billion earmarked for school disaster preparedness in 2026/27 estimates
March 9, 2026
KINGSTON, Jamaica—The 2026/27 Estimates of Expenditure have been updated to include an $18 billion allocation for disaster preparedness, mitigation, a...
{"jamaica-observer":"Jamaica Observer"}
Iraq coach calls for World Cup playoff to be re-scheduled
International News, Latest News
Iraq coach calls for World Cup playoff to be re-scheduled
March 9, 2026
PARIS, France (AFP)—Iraq coach Graham Arnold pleaded with FIFA on Monday to postpone his team's intercontinental playoff for the World Cup because man...
{"jamaica-observer":"Jamaica Observer"}
Realty ONE Group Titans marks first year with special awards, touts growth
Business, Latest News
Realty ONE Group Titans marks first year with special awards, touts growth
March 9, 2026
Realty ONE Group Titans, the Jamaican brokerage operating under the globally recognised real estate franchise Realty ONE Group, celebrated its first y...
{"jamaica-observer":"Jamaica Observer"}
Jamaica-Cuba Eye Care Programme will continue – Dr Tufton
Latest News, News
Jamaica-Cuba Eye Care Programme will continue – Dr Tufton
March 9, 2026
KINGSTON, Jamaica— The Jamaica-Cuba Eye Care Programme will continue, despite the conclusion of the technical cooperation agreement between the Govern...
{"jamaica-observer":"Jamaica Observer"}
Elva Goulbourne, JC 1999 4×800 relay team to be honoured at Penn Relays
Latest News, Sports
Elva Goulbourne, JC 1999 4×800 relay team to be honoured at Penn Relays
March 9, 2026
KINGSTON, Jamaica— Elva Goulbourne, the former Dinthill Technical long jump star and the Jamaica College 1999 4x800m relay team are to be honoured by ...
{"jamaica-observer":"Jamaica Observer"}
JCTU raises concern over proposed changes to motor vehicle duty concession
Latest News, News
JCTU raises concern over proposed changes to motor vehicle duty concession
March 9, 2026
KINGSTON, Jamaica— The Jamaica Confederation of Trade Unions (JCTU) is raising concerns over the Government's proposal to remove the General Consumpti...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct