Maryland Medical Malpractice Lawyer Blog

A South Carolina jury has awarded $4.4 million to the parents of a 4-year-old girl who died after suffering brain injury at birth at a hospital there. The jury found that the hospital was at fault in 2003 when it assigned a nurse trainee to monitor the mother, who had come to the hospital three days before her scheduled induction, complaining of nausea and vomiting. Lawyers for the family argued the nurse trainee misread fetal heart monitoring information showing the baby was in severe distress and needed emergency intervention. The infant subsequently was born with a severe brain injury caused by oxygen deprivation, and died of complications from cerebral palsy more than four years later. While the child was alive, the family endured constant challenges, including giving medication to battle seizures, taking her to therapy several times a week and relying on a feeding tube to keep her nourished. A copy of an article regarding the case can be found here.

I have successfully handled a number of medical malpractice / medical negligence / medical error cases in Maryland involving birth injuries. These cases are always tragic.

A Wisconsin court has approved an $18.2 million medical malpractice settlement from the government for a Milwaukee family whose daughter suffered severe brain damage during birth at a clinic. When the mother gave birth, her daughter was stuck in the birth canal for more than 20 minutes, and the girl suffered a major brain injury due to lack of oxygen. As a result of her birth injury, the girl will need assistance for the rest of her life, due to seizures, developmental delays and severe cerebral palsy. A copy of an article regarding the case can be found here.

Cases involving permanent injuries to kids are some of the most difficult cases that Maryland and District of Columbia medical malpractice lawyers pursue because they usually involve multiple expert witnesses, such as obstetricians, pediatric neurologists, neonatologists, placental pathologists, life care planners and economists. This makes them extremely expensive and time-consuming to pursue. Nevertheless, these cases are extremely important to file and pursue, so that compensation can be obtained for the child and the parents, in order to give the child with best medical and other care that the child can have, so as to maximize the child’s comfort and abilities. Nothing could be more important.

A Fort Lauderdale, Florida jury Friday awarded a family $35 million in a medical malpractice case alleging that Broward General Medical Center caused permanent brain damage to their child during his delivery. As a result of the malpractice, the child is profoundly mentally disabled, can’t walk, can’t engage in routine activities of daily living and requires a lifetime of care. A copy of the article regarding the case can be found here.

As I have repeatedly said before, birth trauma cases like this are some of the most difficult cases that Maryland medical malpractice attorneys pursue because they usually involve multiple expert witnesses, such as obstetricians, neonatologists, pediatric neurologists, placental pathologists, life care planners and economists. This makes them extremely time-consuming and expensive to pursue. Nevertheless, these cases are extremely important to pursue, so that compensation can be obtained for the parents and child, in order to provide the child with best medical and other care that the child can have, so as to maximize the child’s abilities and comfort. Nothing is more important.

While practicing the filed of medical malpractice in Baltimore, I have handled a number of these type of cases, and they almost always involve severe and permanent injuries. The parents usually don’t have enough money to provide the child with the medical and other care that the child needs, health insurance doesn’t give the child what it needed and government benefits are minimal to non-existent. When these cases are successful, they usually allow the family to give the child the medical and other care (like home care) that is needed.

Most Baltimore area hospitals have at one time have faced a medical malpractice case involving allegations of cerebral palsy or birth injury from a negligent delivery. These hospitals include Johns Hopkins, Johns Hopkins Bayview, University of Maryland Medical Center, Maryland General Hospital, Harbor Hospital, Mercy Medical Center, Sinai Hospital, Northwest Hospital, Greater Baltimore Medical Center, Franklin Square Hospital, Howard County General Hospital.

Documents filed this week in an Ohio court revealed that lawyers for the Cleveland Clinic and the mother of a brain-damaged child settled a medical malpractice lawsuit on May 1 for $10 million. Apparently, a jury heard the two-week trial and reached a $15.9 million verdict, but the lawyers settled the case before the verdict form was signed. Part of the settlement called for the verdict forms to remain sealed, but the verdict papers were placed into the public case file by accident, revealing the jury's award, which would have been one of the largest verdicts ever in Ohio. A copy of the article regarding the settlement can be found here.

What is interesting here is that the defense apparently tried to keep the verdict secret but failed. Typically, health care defendants and health care insurers like to keep such verdicts quiet so as not to encourage other cases.

As I have said before, cases involving permanent injuries to children are some of the most difficult cases that Maryland and District of Columbia medical malpractice attorneys pursue because they usually involve multiple expert witnesses, such as obstetricians, neonatologists, pediatric neurologists, placental pathologists, life care planners and economists. This makes them extremely time-consuming and expensive to pursue. Nevertheless, these cases are extremely important to pursue, so that compensation can be obtained for the parents and child, in order to provide the child with best medical and other care that the child can have, so as to maximize the child’s abilities and comfort. Nothing is more important.

An Illinois hospital and doctor have agreed to pay $15.35 million to settle a lawsuit filed by a woman whose son suffered brain damages during the delivery in 2001. The child, Cody Smithey, now suffers from cerebral palsy and mental retardation arising from the unsuccessful use of a vacuum extractor, which was used to assist in delivery of the child. A copy of an article regarding the case can be found here.

Interestingly, I successfully handled a similar medical malpractice case in Maryland approximately 15 years ago in which an obstetrician used a vacuum extractor to assist in the delivery of a premature infant. Such use was contraindicated by the manufacturer. Because the obstetrician used the device, the child developed a severe (grade 4) intraventricular brain bleed, which left the child severely and profoundly disabled. The success of the case allowed the family to better care for the child.

As I have said before, cerebral palsy and birth trauma cases like this are some of the most difficult cases that Maryland medical malpractice attorneys pursue because they usually involving multiple expert witnesses, such as obstetricians, neonatologists, pediatric neurologists, placental pathologists, life care planners and economists. This makes them extremely time-consuming and expensive to pursue. Nevertheless, these cases are extremely important to pursue, so that compensation can be obtained for the parents and child, in order to provide the child with best medical and other care that the child can have, so as to maximize the child’s abilities and comfort. Nothing is more important.

An Ohio jury has awarded $22.6 million in damages to a woman whose baby suffered permanent brain injuries after it became stuck in her birth canal for over 13 hours. Jurors found that a doctor and practice group were negligent in the medical care that led to the baby’s injuries. Approximately $16 million of the award has been allocated to future medical bills and future loss of ability to perform the usual functions. A copy of an article regarding the case can be found here.

Birth trauma cases like this are some of the most difficult cases that Maryland medical malpractice attorneys pursue. They are extremely complicated cases, usually involving multiple expert witnesses, such as obstetricians, neonatologists, pediatric neurologists, placental pathologists, life care planners and economists. This means that they are extremely time-consuming and expensive to pursue. Nevertheless, these cases are extremely important to pursue, so that compensation can be obtained for the parents and child, in order to provide the child with best medical and other care that the child can have, so as to maximize the child’s abilities and comfort. Nothing is more important.