Birth Injury; $950,000 settlement; FTCA Claim.
Baby Little v. United States, August 19, 2009; U.S.
District Court of the Middle District of Florida.
United States Navy health care providers in California failed to
recognize and treat premature labor in Mother Little, who as 25
weeks pregnant. Mother Little presented to the ER four days in a row
with worsening pain and evidence of urinary tract infection. She was
not admitted and told that she was not in labor and to take warm
baths. On the fourth day, Mother Little presented twice, and was
admitted the second visit after her water had broken. Mother Little
suffered a placental abruption on the fourth day, which complicated
liability in the case.
Baby Little suffered CP and has suffered disability of her legs
and arms. Noneconomic damages were capped at $250,000 under CA law.
The case settled at mediation approximately a month prior to trial.
Plaintiff's Experts:
- Barry Schifrin, M.D.,OB/GYN
- Ronald Gabriel, M.D., Pediatric Neurology
- Michael Shahnasarian, Ph.D., Life Care Planning
- Frederick A. Raffa, Ph.D., Economics
- Richard T. Katz, M.D., Physical Medicine and
Rehabilitation
Plaintiffs' Counsel:
- Michael V. Nakamura, Potomac, Maryland
- Karl J. Protil, Jr., Potomac, Maryland
- Sean Cronin, Jacksonville, Florida
- BJ Taylor, Jacksonville, Florida
Defense Counsel:
- Withheld.
Case Summary
Birth Injury; $3.3 million settlement; FTCA Claim.
Baby
Rodriguez v. United States, January 27, 2009.
Army health care providers failed to recognize and promptly react
to Baby Rodriguez' stress on fetal heart monitors and immediately
delivering the child at the U.S. Army Hospital, Beaumont Medical
Center, Texas. As a result, Baby Rodriguez suffered a severe hypoxic
brain injury and cerebral palsy.
After review of the medicals, the Army settled the case after the
Claimant Interview. Noneconomic damages were capped at $250,000
under Texas law.
Plaintiff's Experts:
- Sharon Reavis, Life Care Planning
- Richmond, Virginia
Plaintiffs' Counsel:
- Michael V. Nakamura, Potomac, Maryland
- Karl J. Protil, Jr., Potomac, Maryland
Successes
Our representation resulted in an $800,000 settlement which will
go to compensate the husband and minor child in a wrongful death
case. The medical malpractice case involved an overprescription of
steroids which led to a severe reaction and eventual death. Part of
the settlement was structured, making the total value of the
settlement over $1.4 million.
In a recent case against the government Shulman Rogers negotiated
a 2.4 million dollar settlement. The case involved an infant who
sustained a brain injury at birth. At the time of the incident, the
father was an active duty service member. The settlement provided
$900,000 in cash and another 1.5 million dollars in a structured
settlement, which could pay as much as 21 million dollars for the
child's medical care over the life of the child. The family now has
the security of knowing that their child will be taken care of for
as long as he lives.
In a medical malpractice case under the Federal Tort Claims Act,
Shulman Rogers obtained more than 1.1 million dollars for an infant
who sustained brain damage at birth due to the negligence of an Army
doctor. Part of the award funded a structured settlement to make
sure medical and other needs of the child will be paid for as long
as she lives. The structured settlement will pay over 10 million
dollars if the child reaches a normal life expectancy.
Just prior to trial Shulman Rogers settled a medical malpractice
case against the government for $251,000. A child lost part of the
fingers on one hand after the military health care providers put a
needle in the wrong place in the child's arm.
In a medical malpractice case against the government, through
Shulman Rogers representation a family in Germany received a
settlement of $638,000 for brain damage injuries sustained by their
infant when the baby's blood pressure was allowed to drop too low.
The majority of the settlement funded a special needs trust which
could pay more than 10 million dollars over the life of the
child.
In a medical malpractice case under the Federal Tort Claims Act,
Shulman Rogers obtained for our client an award of $100,000 after a
surgeon at a Veterans Hospital cut the wrong structure during the
routine repair of a hernia. The patient required a second surgery to
remove one of his testicles as a result of the surgeon's
mistake.
In a medical malpractice case under the Federal Tort Claims Act,
Shulman Rogers obtained an award of $350,000 for our client who was
injured as a result of the negligence of doctors at a Veterans
Hospital. The hospital misread a chest x-ray and failed to detect
the patient's lung cancer. The patient required surgery and needed
additional therapy as a result of the negligence of the
hospital.
