Case Summary

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

                                      Recent Success

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.

Top