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Judge Reduces Award To Boy Who Fell on Floor During Birth

April 8, 1986

PONTIAC, Mich. (AP) _ A $7 million jury award in the case of a boy who suffered brain damage in a fall just after birth has been cut by judge to $543,760.

In an opinion released Monday, Oakland County Circuit Judge Alice Gilbert called the award against William Beaumont Hospital in Royal Oak and the mother’s doctor, Christopher Marlowe, ″preposterously exorbitant.″

Robert Kolosowski, who is considered mildly retarded, suffered brain damage when he fell to the floor when his mother delivered him without sufficient help, leaning against a bed in a labor room at the hospital in 1979, according to trial testimony.

Gilbert wiped out the $1.5 million awarded to the parents, Stanley and Jadwiga Kolosowski, for pain and suffering. She set lifetime damages for their son at $193,760 for lost earning potential and $250,000 for pain and suffering.

David Christensen, attorney for the Kolosowskis, said he was almost certain the decision would be appealed.

The jury verdict was rendered last April, but payments were withheld pending several legal motions.