Saturday, 24 of June of 2017

Tag » birth injury

Cerebral Palsy Due to Birth Injury Results in $103M Jury Award

The girl was left permanently disabled after doctors made mistakes during her mother’s pregnancy and delivery.

By Shapiro, Lewis, Appleton and Favaloro, Birth Injury Attorney in Virginia

In a new blog post to our Virginia personal injury lawyers’ website, attorney Mark Favaloro reports on a major jury award to a girl left permanently disabled after doctors made mistakes during her mother’s pregnancy and delivery. To read more, click over to “Birth Injury Resulting in Cerebral Palsy Results in $103M Malpractice Award.”

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Over $100 Million Awarded to Birth Injury Victim Suffering from Cerebral Palsy

By Jim Lewis, Medical Malpractice Attorney

A jury awarded the family of a child who is suffering from cerebral palsy due to a premature birth over $100 million. The jury found the hospital and its staff liable for mismanaging the mothers birth. To learn more, read the story here…

Jury Awards Premature Birth Victim and Family Over $100 Million

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.


Shoulder Dystocia Injury Info

By Randy Appleton, Medical Negligence Attorney

One of the most memorable moments in life is the birth of your child. Unfortunately, for many parents, this momentous occasion can become a horrific nightmare if their child suffers a life-altering injury from shoulder dystocia. This article explains some of the causes of shoulder dystocia and your potential legal rights. To learn more, check out the article here…

Nightmare in the Delivery Room – The Potential Life-Altering Effects of a Shoulder Dystocia Injury

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.

PA


Family Receives $21M Award After Botched Delivery Left Son With Cerebral Palsy

The total represents $18 million for lifelong medical care, $2 million for lost potential wages, and $1 million for pain and suffering.

By Mark Favaloro, North Carolina Birth Injury Attorney

A family who argued that their now-9-year-old son developed cerebral palsy as the result of a botched delivery at a Baltimore, Maryland (MD), hospital won a $21 million civil jury birth injury award on August 1, 2012.

Evidence presented during trial by attorneys from the law firm Wais, Vogelstein & Bedigian convinced jurors that doctors and nurse committed errors in not detecting that the baby was deprived of oxygen while his mother was in labor. Standard practice calls for performing an emergency Caesarean section when hypoxia occurs.

The award represents $18 million for lifelong medical care, $2 million for lost potential wages, and $1 million for pain and suffering. Maryland state law requires the judge to cap the noneconomic compensation at $650,000.

The North Carolina Birth Injury Lawyer’s Perspective

Cerebral palsy, or CP, is a brain injury that often develops when a baby’s oxygen supply is cut off during labor and delivery. The physical and mental effects of the condition vary by individual from barely noticeable to profoundly disabling. For the boy in Maryland, having CP means he is confined to a wheelchair, has only limited control of his arms and hands, and is in full command of his mental faculties. As one of the child’s legal representatives described the boy’s situation, his mind is “literally trapped inside his body.”

The defense team has denounced the jury’s decision as inexplicable and promised to appeal. As a longtime personal injury attorney whose Virginia (VA) firm has represented many families whose children suffered birth injuries, I hope the appeal never materializes. Nothing can restore the health and function the boy in Maryland should have enjoyed. The monetary award at least provides him and his parents financial security and the means to meet his physical and medical needs now and in the future.

Potentially Helpful Info

If you are a parent whose child has been injured due the negligence, recklessness or willful actions of another person, you can begin to learn about your legal rights and options for claiming compensation by downloading this free report.

Have Questions? Check Out Our Firm’s FAQs.

My firm also maintains an extensive online library of lawyers’ answers to frequently asked questions regarding medical malpractice, surgical error and birth injury cases.

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Family Denied Fair Compensation After Son Has Arm Permanently Paralyzed During Birth

Jurors specified that $20 million was due for pain and suffering, but Maryland law required the judge to automatically reduce that amount to $650,000.

By Rick Shapiro, Birth Injury Attorney in Virginia

When a doctor assisting with the delivery of a boy in Greenbelt, Maryland (MD), twisted and applied undue force on the baby’s neck after the head emerged from the birth canal, the newborn sustained nerve damage that left his left arm permanently paralyzed. The damaged arm is also visibly shorter and less developed than the other one.

Six years after the botched delivery caused the boy the irreversible condition called shoulder dystocia, his parent succeeded in winning a $20.9 million civil jury award. Jurors specified that $20 million of the judgment represented compensation for pain and suffering, but Maryland law required the judge to automatically reduce that amount to $650,000.

The Virginia Birth Injury Attorneys’ Perspective

The family’s medical malpractice attorney, George S. Tolley III, told Maryland Lawyer that lowering the family’s noneconomic damage award was unjust. Because the boy will struggle all his life with an injury a more gentle or attentive doctor could have prevented, reducing the pain and suffering award to comply with an arbitrary cap treats the child unfairly.

I’ve argued elsewhere that caps on personal injury and medical malpractice awards violate plaintiffs’ constitutional rights. On July 31, 2012, the Missouri Supreme Court agreed with that conclusion, ruling that a 2005 state “law violated the right to a jury trial granted by the state constitution by capping noneconomic damages at $350,000 in lawsuits alleging that health care providers were at fault for injuries or deaths.”

Virginia recently raised its cap on noneconomic, pain and suffering awards, and several other states have revised or eliminated limits on jury awards. It may be too late for the boy with the paralyzed arm and his family, but I hope Maryland will soon remove its own unjust, unconstitutional malpractice cap.

Potentially Helpful Info

If you or a family member has been injured, paralyzed or made sick by a surgical error or a doctor’s negligence, you can begin to learn about your legal rights and options for pursing compensation by downloading this free report.

You can read about how lawyers with my Virginia-based personal injury law firm have helped families of children who suffered shoulder dystocia by clicking here.

Have Questions? Check Out our Firm’s FAQs.

You can find an extensive library of attorneys’ answers to frequently asked questions about medical malpractice, birth injury and surgical error cases.

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Johns Hopkins Ordered to Pay $55M for Birth Injury

Jurors determined that doctors and nurses negligently delayed performing an emergency cesarean section, causing the baby to be deprived of oxygen in the womb.

By Mark Favaloro, Birth Injury Attorney

A civil trial jury in Baltimore, Maryland (MD), ordered Johns Hopkins Hospital and its parent company to pay $55 million to a family whose son developed severe cerebral palsy and a debilitating seizure disorder when being delivered at the facility. Jurors determined that doctors and nurses negligently delayed performing an emergency cesarean section, causing the baby to be deprived of oxygen in the womb. The hypoxia was to blame for the birth injuries.

 

 

The Baltimore Sun reported that the jury awarded the parents and child ”$25 million for future medical expenses and a life-care plan, $4 million for future lost wages, and $26 million for … pain and suffering.” A state-mandated cap on noneconomic damages lowered the last figure to $665,000. All the funds will go into a trust under the boy’s name.

My colleagues and I have written often about the injustice of medical malpractice caps. As a birth injury attorney based in Virginia (VA), I consider the other components of the award fair.

Birth injuries can be devastating when they occur and lead to a lifetime of struggle for victims. In this case, the disabled child is confined to wheelchair and requires expensive around-the-clock medical and personal care. As he matures into adulthood, he will most likely be unable to work. Both he and his parents need to know the financial resources to give him the best life possible will always be available.

Lawyers for Johns Hopkins have promised to appeal the decision. I hope their efforts do not succeed. The family has suffered greatly, and their means for meeting challenges that could prove overwhelming should not be denied to them.

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Oxygen Deprivation Injury at Birth: A Virginia Medical Malpractice Lawyer Discusses the Dangers

By Mark Favaloro, Birth Injury Attorney in Virginia

Has your child suffered a permanent, disabling injury due to oxygen deprivation at birth? Unfortunately, this type of injury is all too common. An attorney with Shapiro, Lewis & Appleton has written this informative article: “Oxygen Deprivation at Birth Can Lead to Life-Altering Injuries for the Child.”

PA

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Birth Injury Causing Cerebral Palsy Leads to $9M Award for Virginia Family

Civil trial jurors determined that mistakes by two doctors led to a girl being born with cerebral palsy.

By Shapiro, Lewis, Appleton and Favaloro, Virginia Medical Malpractice Lawyer

In his latest blog post to our firm’s Virginia personal injury attorneys’ website, my colleague Mark Favaloro reports on a civil lawsuit that concluded with jurors determining that mistakes by two doctors led to a girl being born with cerebral palsy and kidneys so damaged that both needed to be replaced before she turned 10. To read more, click over to “Virginia Family Wins $9M Birth Injury Jury Award.”

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Birth Injury Prompts Multimillion Dollar Jury Award

A misdiagnosis caused by faulty equipment led to a boy being born with cerebral palsy.

By Rick Shapiro, Medical Malpractice Lawyer in Virginia

Attorneys with Shapiro, Lewis & Appleton have reported on a $78 million jury award for a family whose son suffered a birth injury due to misdiagnosis of labor complications caused by faulty equipment. To learn more, read “Jury Awards $78.5 Million in Cerebral Palsy Medical Malpractice Case.”

PA

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Family Wins $78.5M Birth Injury Award Against Hospital

Juror determined faulty ultrasound equipment supplied by the health care facility caused a misdiagnosis of risks to the fetus.

By Jim Lewis, Birth Injury Attorney in North Carolina

In his latest post to our firm’s Carolina personal injury attorneys’ website, my colleague Mark Favaloro reports on a significant victory for a Pennsylvania (PA) family whose now 3-year-old daughter suffered severe brain damage after being deprived of oxygen for an extended period during delivery. Jurors hearing evidence in the civil birth injury trial determined that the hospital was at fault for causing the girl’s cerebral palsy because it provided the mother’s doctor with inadequate ultrasound equipment. To read more, click over to “Cerebral Palsy Blamed on Botched Ultrasound Leads to $78.5M Jury Award for Family.”

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.