Llaulin Cruz was 38 years old when she gave birth to her daughter on November 30, 2009. Having a baby was to be a joyous occasion, but what Ms. LCruz found out later turned her whole life upside down.
The ordeal began in 2009 when Cruz was delivering her daughter. According to court documents, the doctor continued to encourage her to push even after the baby’s head was already delivered. The physician also performed an episiotomy that was allegedly not required — a cut that was not properly closed or stitched. Although Cruz was suffering from unexplained, unusual discharges, she was not aware she still had a gaping wound a year later when she discovered she was pregnant again. Delivering her second child exacerbating her condition.
Despite having over a dozen surgeries trying to correct the tear, Cruz says she no longer has control over her waste elimination, is unable to work and cannot have intimate relations with her husband due to the pain. She must to wear underwear liners 24/7 and can never be far from a bathroom. Cruz’s romantic relationship with her husband has also been impacted.
After a month-long trial Cruz was awarded $40 million for future pain and suffering and $10 million for past suffering. Her obstetrician was found 90 percent negligent for severely lacerating her internally during the birth; the midwife was found 10% liable.
The Cruz family may have faced staggering medical bills for the birth and subsequent surgeries, bills that would be difficult to pay when one parent can no longer work. One solution that may have helped them would have been litigation funding, also referred to as pre-settlement funding.
Many plaintiffs appreciate the fact that if they lose their court case, they get to keep the litigation funding, free of charge. There is no payback required.