31 May 2023
Rathan et al. v Scheufler et al.
In February 2009, Sankavi Rathan was born at Mississauga Hospital with the assistance of obstetrician Dr. Peter Scheufler. Her birth had been complicated due to shoulder dystocia, wherein her right shoulder had become lodged during delivery, resulting in severe nerve injuries on her right side. This condition had led to a permanent brachial plexus injury, causing limited functionality in her right arm, shoulder, and hand.
Sankavi's parents, Vasanthy Rathan and Rathan Balasingam, along with her sister Ragavi, had filed a lawsuit against Dr. Scheufler, alleging negligence in his management of the delivery that had resulted in Sankavi's injury. The family had sought damages to compensate for the impact of the birth injury on Sankavi's life.
The court had ruled in favor of the plaintiffs, awarding judgment in the following amounts:
- General damages to Sankavi Rathan: $225,000
- Family Law Act (FLA) damages for Vasanthy Rathan: $37,500
- FLA damages to Rathan Balasingam: $12,500
- FLA damages to Ragavi Rathan: $10,000
- Present-day value of Future Care Costs: $391,593
- Projected Future Loss of Income for Sankavi Rathan: $134,971
The total amount awarded had been $811,564. Additionally, pre-judgment interest of $48,735 had been granted on the $285,000 non-pecuniary damages, accruing since February 27, 2009, at an annual rate of 1.2% for a span of 14.25 years.