It's been four years since the Swanson family began their medical malpractice suit against Northern Westchester Hospital and the medical staff allegedly responsible for the the ill-fated delivery of their son on Oct. 23, 2003.

But despite being awarded nearly $56 million in a verdict handed down by a state Supreme Court jury in White Plains last year, the Swanson's legal ordeal may not be over yet after the hospital filed an appeal to the decision earlier this month.

"Patient care and safety are Northern Westchester Hospital's top priorities and our internal quality standards surpass those defined by national hospital quality measures," Mark Vincent, a hospital spokesman, said in a statement. "We believe that our staff performed appropriately in this case and that there is no evidence of any wrongdoing by hospital personnel. Based upon the lack of evidence against the hospital in this case, we have appealed the decision. Our deepest sympathies go out to the Swanson family."

Vincent, along with lawyers from Rende, Ryan & Downes, the law firm representing the hospital, declined to comment on the trial or their upcoming appeal. In the meantime, a hearing for the structure of the payments awarded to Swansons has been scheduled for November.

Bruce and Mary Swanson began their lawsuit against the hospital, Women's Medical Associates and Dr. Carla Eng-Kohn in April 2006, according to court records.

In their complaint, the Swanson's accused the Eng-Kohn, their obstetrician at the time, and the rest of the hospital's staff of negligence during the delivery of their son.

At the time of the procedure, the medical staff discovered that they were faced with shoulder dystocia, a condition in which a child's shoulder becomes trapped against its mother's pubic bones.

The staff was able to deliver the baby, but not before the boy sustained brain damage, nerve damage, internal bleeding and bruising in the cervical area. Also sustained were facial bruising and right arm bruising.

According to the Web site of Meagher and Meagher, the law firm representing Swansons, a state Supreme Court jury found  that the obstetrician and the hospital staff  had failed to relieve the dystocia in a timely manner. Because of this, the child suffers from permanent damage to his brain stem.

Other permanent damage includes brain stem damage includes developmental delays, speech impairment and aspiration pneumonitis, a condition in which the lungs and their airways become inflamed from breathing in foreign material.

The law firm's Web site reported that the award is about $60 million, while other media reports more recently have listed the award at nearly $56 million. The amount ranks as one of five highest jury awards handed out in the state last year according to information compiled by Verdict Search, a national service aimed at providing verdict and settlement information.

Christopher Meagher, the lawyer representing the Swanson's, declined to provide any additional details pertaining to the case Wednesday. Meagher said the family did not wish to prolong the media attention that the case has brought to them.

"The family would like to have as normal a life as they can, given what they have had to shoulder," Meagher said.

Garson DeCorato & Cohen, the New York City-based firm representing Women's Medical Associates, and Feldman, Kleidman & Coffey, the Fishkill-based firm representing Carla Eng-Kohn, did not respond to requests for interviews.