Case Results

  • $1,000,000.00 SETTLEMENT IN BRACHIAL PLEXUS CASE BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The mother was a thirty-two-year-old, gravida III, para II who presented to labor and delivery in active labor. The pre-natal record for the delivery of  the baby indicates an ultrasound was done with an estimated fetal weight at the time of 4039 grams +/-609 grams also listed on the pre-natal record as 9+/- lbs. The fetal age by ultrasound was listed as 20 weeks 6 days. The delivering doctor did recognize the turtle sign, and indication of shoulder dystocia. The delivery note states that following the recognition of shoulder dystocia ... Read more...
  • $4,000,000.00 SETTLEMENT IN BRAIN DAMAGED INFANT CASE BIRTH INJURY – Medical Malpractice Lawsuit Failure to Appreciate Fetal Distress Results in Brain Damage and Cerebral Palsy. Mom presented to the hospital with a diagnosis of pregnancy and labor approximately one week before her due date. Her obstetrical history included a vaginal delivery at 36 weeks in 2003 of a five pound, 8 ounce infant, with no complications. Risk assessment included history of gestational diabetes. Fetal heart tracings began at approximately 2:40 pm. Nursing notes indicate that Pitocin was started at 4:40 pm. The start of variable decelerations was around 7:24 pm. There was a pattern of ... Read more...
  • VERDICT IN OBSTETRICAL BRACHIAL PLEXUS CASE IS $1,750,000.00 BIRTH INJURY – The child underwent a left brachial plexus exploration, external neurolysis of the upper trunk, nerve harvesting and nerve grafts. The child has a permanent brachial plexus injury. The pre-natal course was uneventful for the mom and baby. The mom was brought in for induction because of the pregnancy induced hypertension and suspected large baby. She was completely dilated at 2300 hours and began pushing. She had adequate pushing with downward descent of the head.  After about an hour of pushing she was noted to be tiring. A Vacuum was placed on the fetal head.  There is no indication in ... Read more...
  • $950,000.00 VERDICT IN BRACHIAL PLEXUS CASE Medical Malpractice Trial Report* (as reported in Massachusetts Lawyers Weekly) BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. Due to an estimated fetal weight of 8 – 9 pounds an induction of labor was ordered and initiated. On the second day of induction, the mother progressed to complete dilation/complete effacement. The fetal heart rate was normal and reassuring throughout labor. The patient pushed for 2 hours and brought the fetal head to plus 2/3 station. The caput was noted to be at plus 3 station and the first trial of vacuum assisted delivery was performed. No indication for vacuum assisted ... Read more...
  • $750,000 Settlement in WRONGFUL DEATH CASE Medical Malpractice Trial Report FAILURE TO RESPOND TO HEART MONITOR RESULTS IN BRAIN DAMAGE AND DEATH. This is a case involves a 77 year old woman female patient who suffered an anoxic brain injury as a result of the failure of the nurse responsible for her care to run a strip at the beginning of her shift to determine whether or not the heart monitor was appropriately set, including alarm volumes, batteries and medial parameters, and for failing to respond to a medical emergency that resulted in an anoxic brain injury and death. As a result of the failure of the alarm to sound due to ... Read more...
  • $1,000,000.00 Settlement in WRONGFUL DEATH CASE Medical Malpractice Trial Report FAILURE TO PERFORM TESTS RESULTS IN WRONGFUL DEATH. Following an auto accident on June 7, 1995 the deceased was admitted to a hospital under the care of an orthopedic surgeon for traumatic injuries. At the hospital she was also seen in consultation by the trauma service for evaluation of pelvis and abdomen. At the no time there were radiology reports that indicated concern about the integrity of the bowel contents and rectum. Subsequent visits by the trauma service physicians and orthopedic surgeon did not answer the radiology concerns. The deceased began to exhibit severe abdominal distention and pain. She subsequently developed ... Read more...
  • $1,375,000.00 VERDICT IN BRACHIAL PLEXUS CASE Medical Malpractice Trial Report* (as reported in Massachusetts Lawyers Weekly) BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The mother was admitted to the Beth Israel Deaconess Hospital for pitocin induction of labor for labile hypertension with complaints of headache. Estimated fetal weight by clinical exam was 8 pounds. She was admitted at 19:55 with a cervical exam of 4cm dilation/80 percent effaced and minus 2 station. Her pregnancy blood sugar control evaluated with hemoglobin Ale of 9/9/03 of 5.8. She had an epidural for pain management. An insulin drip was initiated for blood sugar control. Artificial rupture of membranes for augmentation of labor was performed. ... Read more...
  • SETTLEMENT IN BRAIN DAMAGED INFANT/BRACHIAL PLEXUS CASE IS $2,000,000.00 BIRTH INJURY Medical Malpractice Lawsuit: Failure to Appreciate Fetal Distress and Excessive Traction Results in Brain Damage, Cerebral Palsy and Permanent Brachial Plexus Injury. On her first pre – natal visit Mom reported that one of her sister’s was a gestational diabetic and her other sister was an insulin dependent diabetic. At the next pre – natal appointment Mom weighed 143 pounds and was reported to be 5 feet tall. During the course of the pregnancy, Mom gained 50 pounds, had abnormal glucose tests and had fundal heights that were consistently higher than the ... Read more...
  • $6,500,000 SETTLEMENT IN ANESTHESIA CASE RESULTING IN BRAIN DAMAGE* (Structured Settlement payout of $45,000,000) ANESTHESIA Medical Malpractice Lawsuit: Failure to Monitor Anesthesia Results in Brain Damage. The Plaintiff, age 7, was admitted to the Hospital for the performance of a tonsillectomy and adenoidectomy. The morning of the surgery the Plaintiff’s father met with the Anesthesiologist briefly. The Anesthesiologist never told the family that the Nurse Anesthetist would actually be inducing anesthesia and monitoring the Plaintiff during the surgery, and that he, the Anesthesiologist would not be physically in the operating room for the majority of the time. After intubation and induction, the Anesthesiologist left the operating room leaving the ... Read more...
  • SETTLEMENT IN BRAIN DAMAGED INFANT/BRACHIAL PLEXUS CASE IS $1,700,000.00 BIRTH INJURY Medical Malpractice Lawsuit: Failure to Appreciate Fetal Distress and Excessive Traction Results in Brain Damage, Cerebral Palsy and Permanent Brachial Plexus Injury. The Mom’s first baby, a daughter, was born with a weight of 8 pounds 4 ounces with vacuum assistance and forceps. For that delivery, Mom was induced at 41+ weeks for recorded fetal macrosomia. The first delivery was performed with low forceps and a 4 th degree episiotomy. For the delivery of her next child Mom had labor induced. During the labor and delivery there were repeated instances of variable and late decelerations ... Read more...