Wednesday, 13 of December of 2017

Tag » cerebral palsy

Family Of Girl With Cerebral Palsy Wins $130 Million Verdict Against Hospital

By Kevin Duffan, VA/NC Medical Malpractice Attorney

What Happened:

A major medical malpractice case in New York recently culminated with a $130 million jury award. The family from Long Island sued after they claimed their daughter’s delivery at a Long Island hospital resulted in her later developing cerebral palsy.

The jury that deliberated on the case found that the hospital, St. Charles Hospital and Rehabilitation Center, departed from accepted obstetrical practice in several important ways, ways that the jury found ultimately caused harm to the baby. These alterations from standard operating procedures resulted in a loss of oxygen to the young girl, Shannon Reilly.

Attorneys for the family now say that Shannon is unable to walk, speak, write or swallow without assistance from others. The girl required round-the-clock care for her serious injuries. The jury saw the severity of her injuries as justification for the massive award, one of the largest medical malpractice verdicts in New York history.

Despite the good news for the family, it was a very long road to this point. The case actually heated up in 2009 when the family’s attorney convinced them to reject an $8 million settlement offer from the hospital that was attempting to avoid going to trial. The family agreed and ended up losing the case. The loss was seen as so bad that the hospital’s attorneys mocked the failure in the press, laughing at them for turning down $8 million and then getting shut out of court.

Though it was difficult, the family and their attorney persevered and in 2011 the New York Appellate Court reversed the lower court decision, ordering a new trial. The second case ended in a hung jury and required a third trial, which began last month. Despite the years of struggling the fight appears to have been worth it.

The Virginia Injury Attorney’s Perspective:

Most children who have cerebral palsy have had it since birth, often due to a lack of oxygen to the brain. Sometimes this lack of oxygen is because of medical malpractice and delivery mistakes during labor or childbirth. In cases where medical malpractice has been linked to a child’s development of cerebral palsy, common causes include: the failure to properly detect or treat infections in the mother during pregnancy, the failure to properly monitor fetal heart rate before and during labor, the failure to plan for a cesarean section when a baby is too large to safely pass through the birth canal and negligence in using instruments like forceps in a delivery.

If you or a loved one has been the victim of a medical error or complication, you should consult with an experienced Virginia (VA) medical malpractice lawyer who has successfully handled similar med mal cases in the past. Our firm enjoys a reputation of experience and success while representing victims in medical malpractice cases against doctors, hospitals, and other health care providers. We approach each case individually to provide the resources, knowledge and experience to achieve success on behalf of our clients.

Potentially Helpful Info:

If you or a member of your family has been harmed by a Virginia (VA) doctor’s misdiagnosis, mistake or negligence, you can begin to learn about your legal rights and options for seeking compensation by downloading this free report.

Have Questions? Check Out Our Firm’s FAQs.

If you or a loved one has been injured at the hands of a medical professional, chances are you are confused about your options and may not know where to turn for help. To learn more about medical malpractice cases, check out this online library of Virginia (VA) attorneys’ answers to frequently asked questions regarding medical malpractice lawsuits.

Here’s a post discussing the importance of medical records in malpractice lawsuits:

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About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis, Appleton & Favaloro 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. Attorneys with our firm have been listed among the Best Lawyers in America since 2008. Attorneys with our personal injury law firm have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.


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.


Learn How a Life Care Plan Can Have a Major Impact on Your Medical Malpractice Claim

By Jim Lewis, Medical Malpractice Attorney

A life-care plan was a key component to a judge’s decision to award $5.3 million to the family of a victim who suffered a brain aneurysm after multiple visits to a Veterans Affairs Medical Center. Our firm explains what exactly a life care plan is and why it can be helpful during litigation. To learn more, read the story here…

5.3 Million Dollar Medical Malpractice Verdict Shows Importance of Life Care Plan

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.

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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.


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.


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.”

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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.


Cerebral Palsy Victim Wins $144M Award in Michigan Malpractice Lawsuit

The costs of lifelong care for children who suffer birth injuries can be crippling.

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

In his latest post to our firm’s Virginia Brain/Head Injury Lawyers blog site, my colleague Jim Lewis reports that a teen whose total paralysis and cerebral palsy were caused by her birth doctor’s has won a medical malpractice lawsuit and will receive $144 million. Jim notes that the costs of lifelong care for children who suffer birth injuries can be crippling. To read more, click over to “$144M Awarded to Teenager Whose Cerebral Palsy Was Caused by Birth Doctor’s Negligence.”

EJL

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.XX