In a case that had personal meaning for the lead trial lawyer, a young couple won $74 million for medical malpractice against the doctor who delivered their daughter with cerebral palsy. Winning attorney Nicholas Rowley, a former military medic who said he has delivered babies in the field and in hospitals, argued that Andrew and Jennifer Blunt's daughter, Sofia, was deprived of oxygen for three hours during delivery by the umbilical cord caught around her neck.
A birth injury lawsuit against the federal government is untimely because it wasn't brought within two years of when the plaintiff first consulted an attorney, the 2nd Circuit has ruled in affirming a dismissal. The plaintiff's daughter was born at a federally funded clinic in February 2005. From birth, the child suffered weakness in her left arm and leg.
The Supreme Court of Washington decided Thursday that an expert could testify that a mother's exposure to paint fumes in the workplace caused developmental abnormalities in her son. In reaching its decision, the court clarified that the state's formulation of the Frye test does not require a showing that there is general acceptance in the scientific community that a particular type of in utero toxic exposure can cause a particular type of birth defect.
A Frederick County jury Friday awarded close to $4 million to a boy whose family claimed his cerebral palsy was caused by doctors' failure to monitor the fetal heartbeat when his mother was in the hospital. Two of the defendant doctors, an emergency room physician and an obstetrician were held responsible for Ryan Dineen's condition, said Paul D. Bekman, a lawyer for Dineen and his parents. Three nurses, a third doctor and the hospital were not held responsible.
A number of legal and policy scholars have argued that moving to an administrative compensation system for medical injuries would overcome many of the problems with the current, fault-based medical malpractice system.12 Such a system would use a non-judicial process, specialized adjudicators, and neutral medical experts to award limited compensation to injured patients based on a standard that is broader than negligence.13 It would jettison negligence as the decisive standard for compensation due to concerns about the inherent uncertainty of the concept 14 as well as worries that negligence judgments stigmatize health care providers in a way that adversely affects the care environment and physician participation in patient safety initiatives.15 In the last few years, proponents of admin...
A doctor sued for malpractice should have been allowed to show that an infection in a mother's womb was the underlying cause of her child's permanent brain damage. Because a judge excluded the doctor's experts on the subject, a $12 million jury verdict is in the ash heap.
A Minnesota jury has awarded $23.2 million to the parents of a child who suffered severe brain and neurological injuries during birth. This little girl has to have round-the-clock care, and she has already had six surgeries," said Julie Matonich, one of the attorneys for plaintiffs Elise Rodgers and Matthew Larson.
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