$3 Million Dollar Settlement in the Northeast

Posted on March 11, 2008 by David Austin

At least it appears to be in the northeast.  This just a blog post announcing a settlement.  Note how the post says that the plaintiff will receive $29 Million over the course of her life.  That is because the present value of the settlement may be $3 Million but that is used to purchase an annuity that will provide $29Million in payments for the rest of her life (or some set time).  I tis not clear exactly when payments will stop or exactly how it is structured.

[A] newborn, was born neurologically damaged at birth.  The child's mother came to the hospital complaining of not feeling the baby and bleeding.  Doctors at the hospital placed her on a monitor but failed to detect any abnormalities with the infant.  The child was born 12 days later and at birth could not breathe.  Tests were performed which revealed that the child had suffered a brain bleed while in utero. The child was transferred to New York Hospital for further treatment. Our client, now 7-years-old, cannot walk or talk and has to be fed through a tube. The child will receive $29 million from the settlement over the course of her life.

www.ronvil.com

Tags: ,

Chicago Cerebral Palsy Settlement

Posted on December 8, 2007 by David Austin

This one was approved by a judge to put an end to the 4 year old case.

Labor proceeded appropriately until several minutes after Radis started pushing and fetal monitor tracings indicated the baby was not tolerating labor.

Physicians and nurses attempted to expedite the delivery by using a vacuum extractor to bring the baby's head down farther, but the vacuum was removed after eight minutes because the doctor believed with one or two more pushes, the baby would be delivered, according to the release. But the baby, Joshua Radis, was not delivered until the fifteenth push, some 31 minutes later on May 16, and by that time, he was brain-damaged and now suffers cerebral palsy.

The brain damage is basically caused by a lack of oxygen during the labor.  When I first started looking at these cases several years ago, I was surprised at how often I would come across a case where the size of the baby was an issue given the size of the mother.  This case settled for $11.5 million.

From WNBC5

Tags: , , ,

Here's why you pursue a Cerebral Palsy Case

Posted on December 6, 2007 by David Austin

Another Cerebral Palsy settlement from another country.  This one has some great quotes though from the parents.

The parents of an 11-year-old London girl awarded £6.5 million after hospital blunders left her severely brain damaged today told of their relief that her future is now taken care of.

Melissa Salamanca, of Brockley, was born with jaundice and could have escaped harm if either the hospital or a midwife had spotted the seriousness of the situation, the High Court heard. She was sent home from hospital the same day and suffered blood poisoning which left her with cerebral palsy.

Diego and Maria Salamanca, both 34, said the legal fight for a settlement had dominated their lives. Mrs Salamanca said: "It has been going on for a very long time. It has become our life. It is a fair amount for the amount of care Melissa will need for the rest of her life. I can pass away very peacefully knowing that her future is secure.

"Money will not put my daughter back to normal but it might make her life more comfortable."  (emphasis added)

I also like the comment by the doctor at the base of the article.  He is exactly right.  Making disciplinary actions public will go a long way to improving medical care and educating the public about the medical care choices.

 

Article:  "Brain-damaged daughter" from the Evening Standard

Tags: ,