Medical Malpractice

Cerebral Palsy/Brain Damage

Vasquez v. Lin, BC 191183, Los Angeles Superior Court

Unanimous jury verdict of $22 million awarded to 6 year-old plaintiff born with cerebral palsy and mental retardation caused by the obstetrician’s failure to timely perform a c-section delivery (see link to Verdict Report).

 

Cerebral Palsy/Brain Damage

Jason L. v. Doe Medical Center; Roe Surgeon and Anesthesiologist: Los Angeles Superior Court

$3.5 million dollar settlement for 2 month-old infant who suffered brain damage resulting in cerebral palsy and mental retardation. Pediatric surgeon negligently failed to stop surgery on scrotal hydrocele after noting blood was “turning black.” Hospital’s anesthesiologist had misintubated infant in right mainstream bronchus resulting in poor oxygen perfusion which caused hypoxic brain injury.

 

Wrongful Life/Spina Bifida

Amber W. v. Doe Medical Center and Roe Obstetrician: Los Angeles Superior Court

$1.45 million dollar settlement for “wrongful life” brought by 4 year-old child who was born with spina bifida (a neural tube defect of the spinal column) which should have been detected during the California mandated prenatal screening for alpha-fetal protein.

 

Brachial Plexus Injury

William S. v. Doe Medical Center and Roe Obstetrician: Los Angeles, California

$475,000 settlement for 1 year-old male infant who sustained a right brachial plexus injury as a result of excessive traction applied by obstetrician during a shoulder dystocia delivery.

 

Wrongful Death

Estate of Joel V. v. Doe Emergency Department: Santa Cruz, California

$875,000 settlement for family of farm worker who, while inebriated, fell out of a tree. Emergency Department failed to diagnose a subdural hematoma and provided him with narcotic pain medication for headache. Decedent passed out at home after discharge from the Emergency Department and never awakened.

 

Wrongful Death

Estate of Sam N. v. Doe Emergency Department and Roe Emergency Department: Las Vegas, Nevada

$900,000 settlement for unmarried 47 year-old adult male who “passed out” at work and was brought to Emergency Room for evaluation. While waiting for a C.T. scan of his head, decedent was left on a gurney unattended and suffered an unwitnessed heart attack caused by an underlying ventricular arrhythmia.

 

Paraplegia

Kathleen K. v. Doe Medical Center: Los Angeles Superior Court

$3.2 million dollar settlement for 38 year-old unemployed female with underlying prescription drug abuse problem who developed an epidural abscess that defendants failed to timely diagnose and treat resulting in below the waist paraplegia.

 

DTP Drug Reaction/Brain Damage

Steven M. v. Doe Program
Brian C. v. Doe Drug Manufacturer
Washington, D.C. and Los Angeles, California

$1.75 million dollar settlement for Steven M. and $2.5 million dollar settlement for Brian C. Both minor plaintiffs claimed to have suffered allergic reaction to the pertussis component of the vaccine resulting in an encephalopathy causing cerebral palsy and brain injury.

 

Cerebral Palsy/Brain Damage Mancinas v. Doe Governmental Entity

Brain-injured twin medical malpractice case with companion Burgess/NIED claim by mother. Plaintiffs alleged grossly negligent management of labor, delivery and neonatal resuscitation by governmental entity personnel which resulted in permanent brain injury and kidney damage to one of the twins. Defendant initially denied any liability or wrongdoing. The case settled in January 2010 for $8.08 million.

 

Cerebral Palsy/Brain Damage
Larry C. v. Doe Clinic, Doctors and Hospitals

Confidential $2.040 settlement for severely brain-injured infant. Larry C.’s mother received prenatal care at a local clinic where she was thought to have developed cholestasis during her last trimester. Before necessary definitive treatment, she was admitted to hospital where her labor was maintained by nursing staff and a junior resident. Throughout the night, the fetal monitoring strip deteriorated, yet nothing definitively was done to deliver the infant. Early the next morning, the attending obstetrician arrived, examined the mother and strip and decided to wait for another hour, during which time the fetal heart monitor strip again deteriorated and the infant was delivered via emergency c-section. The infant was delivered and was severely depressed and admitted immediately to the neonatal intensive care ward. Larry C. was discharged 28 days later with profound brain damage.

Plaintiffs claimed that the clinic was negligent in failing to timely diagnose and treat the underlying cholestasis and that the hospital and obstetrician were negligent in failing to timely detect fetal distress and timely intervene. The defendants denied all allegations of negligence claiming that the infant’s strip on admission revealed preexisting fetal distress that was consistent with a significant preexisting problem, that the infant’s presentation and blood work ruled out acute hypoxic injury and that the infant’s life expectancy was drastically reduced (e.g. less than five remaining years).