NEW SMYRNA BEACH -- A jury has awarded an Edgewater mother $10 million, agreeing with her that EVAC ambulance was negligent in the injuries her son received with his premature birth in 2003, while being transported to an Orlando hospital from New Smyrna Beach.
The verdict followed a two-week trial, in which the jury decided EVAC was negligent in transporting Margarita Stivers Chess, who gave birth to her son in an ambulance while en route to Arnold Palmer Hospital for Children in Orlando after she was initially treated at Bert Fish Medical Center in New Smyrna Beach.
Bob Kelley, the attorney for the child's mother was pleased with the jurey's verdict.
"Unfortunately, there is no amount of money that can bring justice for Addison for what happened to him, but this will help his family take care of him," Kelley told the Orlando Sentinel, which broke the story on its Web site earlier in the day Monday.
EVAC spokesman Mark O'Keefe told the Sentinel EVAC would appeal the verdict.
"EVAC paramedics have to care for the tragic consequences of illness and injury every day," O'Keefe told the Sentinel. "We stand behind our paramedics and intend to appeal this verdict."
Court records, made available Monday, show the child, Addison Chess, now 6, weighed 1.7 pounds when he was born and suffered from a lack of oxygen to his brain that left him with cerebral palsy.
Early on Sept. 21, 2003, Margarita Chess had gone to Bert Fish during the early morning hours of Sept. 21, 2003, for pain and premature labor. Dr. John Milton, who was the emergency room physiciamn, consulted with Dr. Thomas Stavoy by phone at Halifax to have her treated there, but then an EVAC ambulance was called to transport her to Arnold Palmer, according to court records.
The child, after 26 weeks of pregnancy, was born 15 minutes into the 57-mile trip, but had trouble breathing and CPR was performed. Before the child was taken to Arnold Palmer, he and his mother were treated at Central Florida Regional Hospital in Sanford because it was closer.
Bert Fish Medical Center in New Smyrna Beach and Halifax Medical Center in Daytona Beach, as well as the two physicians, settled with Chess last year for $1.4 million. leaving EVAC as the only defendent to go to trial.
EVAC is contracted by Volusia County as the lone provider of ambulance service.