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Total Payments Will Exceed $20,000,000 ($2,400,000
Present Value)
Medical Malpractice (Delay in Delivery
at Birth)
Attorney Jim Reed
represented the family of a baby girl who suffered
permanent brain damage (cerebral palsy) because the
Labor and Delivery nurses left the laboring mother
totally unattended for more than 40 minutes which is a
direct violation of the nursing standard of
care. Tragically, just 40 minutes can make the
difference between a healthy baby and a little girl
who will never walk, never talk, never feed herself,
never have a boyfriend, never get married...
In this case, the Labor and Delivery nurses hooked the
Mom up to an electronic fetal monitor and then left
the Mom unattended for 40+ minutes. Unfortunately,
fetal monitors are absolutely no good if no one is
there to read the results....
That's why the standard of care for labor and delivery
nurses requires nurses to review the monitor strips
for the first 20 minutes that the mother is placed on
the monitor. If all is OK after 20 minutes, the Mom
can then be left unattended for short periods of time.
If the strips are not OK, then the nurse is trained to
immediately intervene and summon a doctor if
necessary.
In this case, a careful review of the medical records
revealed that the mother had been left totally
unattended for the first 40+ minutes she was placed on
the fetal monitor. As you might have guessed, the
monitor strips were bad meaning that the baby was in
trouble and needed immediate delivery. The problem is
that no one was in the room to hear read the results
and respond to the baby's cries for help. As a result,
the necessary C-section to rescue the baby was delayed
by more than an hour causing the baby to suffer
profound brain damage (Cerebral Palsy). The baby was
rushed from the Corning Hospital to the Neonatal
Intensive Care Unit at the Arnot Ogden Medical Center
in Elmira, but the damage was already done. The baby
had a permanent brain injury called Hypoxic Ischemic
Encephalopathy (HIE) which means that the baby's brain
was deprived of oxygen at birth.
As is always the case in medical malpractice cases,
this case was very vigorously defended. It was not
until 2007, more than NINE years after the baby's
birth in August, 1998, that the lawyers for the
malpractice insurance companies finally made any offer
to settle the case. And it was not until after Steuben
County Supreme Court Judge Joseph Latham actually set
a firm trial date, that the carriers finally offered a
present value amount of $2,400,000 to settle the case.
By very sophisticated use of annuities, life
insurance planning and a Supplemental Needs Trust,
the expected payout of benefits to this little girl
over her projected lifetime will be more than
$20,000,000. It sounds like a lot of money but given
the high cost of medical care and the 24/7/365
medical needs of this child over her lifetime, each
and every penny will be necessary for her care.
As experienced medical malpractice attorneys know,
there is no such thing as an "easy" medical
negligence case. No matter how strong your case, the
doctors, hospitals and their medical malpractice
insurance carriers, defend these cases tooth and
nail. They force you to spend year upon year and
tens of thousands of dollars (we have invested more
than $80,000 in some cases) prosecuting your case.
Consequently, there is nothing more satisfying than
to resolve a case in a manner that you know will
benefit your deserving client for the rest of their
lives...
$2,000,000 - Medical Malpractice (Delay in Delivery
at Birth)
Attorney Jim Reed
represented the family of a baby girl who was deprived
of oxygen and suffered permanent brain damage
(cerebral palsy) because her Dr's failed to timely
deliver her despite clear signs on the electronic
fetal monitor that the baby was in distress.
In
preparing the case for trial, Attorney Reed
was one of the first lawyers in N.Y. to employ a
powerful new tool-- the videotaped deposition of the
medical witnesses. Initially, the lawyers for
the Dr's resisted videotaping but Reed didn't take
"no" for an answer and he was able to get a court
order forcing the videotaping of the Dr's.
Attorney Reed strongly believes that the videotapes
showing the damaging testimony of the doctors played
a strong role in the insurance company's ultimate
decision to settle this case just before trial.
After trying
to settle the case for less than the available
insurance coverage, and after Reed rejected a $1.85
million dollar offer, both the Dr and Hospital were
forced to pay every penny of their $2M coverage to
settle this case just prior to the scheduled trial.
$1,800,000 - Auto Accident (Brain Injured Child)
This case involved a child who suffered severe head
injuries while riding as a passenger in a car that
was destroyed in a collision with a tractor trailer.
The young boy was riding in a child seat but the
force of the collision was so severe that the car
seat itself was mangled and sadly this little boy
suffered severe head injuries.
We hired
experts to analyze the future medical needs of the
child and we worked with the boy's parents to fully
understand his needs and the services necessary to
provide for those needs. In the end we were
able to negotiate a settlement that provided the
funds necessary to meet the child's needs.
$1,625,000 - Medical Malpractice (Delay in Delivery
of Baby)
Attorney Jim Reed represented the family of a little
boy who suffered cerebral palsy as a result of being
deprived of oxygen at birth. This case involved the
same hospital and several of the same nurses in the
first case above. Sadly, we were shocked to
learn that despite the passage of
several years since the first case, the nurses had
received no additional training in fetal heart rate
monitoring which is so critical to the safe delivery
of babies. We were dumbfounded: how can a
hospital continue to deliver babies when its staff
is not properly trained?
Initially
the lawyers for the hospital and doctors denied any
medical errors caused the child's injuries, but
after we hired experts who exposed MANY medical
mistakes, their tune changed....
$945,000 - Car
Crash
Attorney Jim Reed
represented a man whose car was rear-ended at high
speed by a tractor trailer who failed to see a long
line of stopped cars. It was a miracle this
man survived the crash as his car was wadded up like
an accordion. Initially, his injuries did not
seem too severe. No broken bones, no horrible
lacerations. He just hurt all over. Over
weeks and then months, the soreness he thought would
just get better if he "took it easy" just got worse
and worse. Finally the doctors took MRI's of
his neck and back finding herniated disks in both
the neck and back. Three surgeries followed
and despite extensive physical therapy this fellow
was never able to return to the job he had worked at
for 15+ years. After several low-ball offers
were rejected, he insurance company for the truck
finally agreed to pay $945,000 on its $1million
dollar policy.
$750,000
- Plane Crash Case
Attorney Carl Hayden represented the family of an
amateur pilot who was tragically killed when air
traffic controllers failed to advise the pilot of a
low altitude warning that was loudly sounding in the
control tower. Initially, the air traffic
controllers denied that any audible warning had
sounded but after grueling depositions of many
witnesses, it became clear that a warning HAD
sounded but had NOT been reported to the pilot as
required by federal regulations. In fact, one
witness who originally denied hearing any warning
was forced to attend a second deposition where he
finally admitted that he had not testified
truthfully in his first deposition and that he DID
hear the warning. Sometimes persistence pays
off!
$680,000 -
Dangerous Machine Case
Attorney Carl Hayden
represented a man whose head was crushed by a
huge industrial machine that was negligently
designed without proper safety features.
Attorney Hayden hired industrial safety design
experts who were able to show that the machine could
have been easily and inexpensively designed with
simple safety features that would have prevented
this tragic injury.
$650,000 - Defective Fan Blade
Attorney Carl Hayden represented a young man who
was working on the engine of his car when one of the
fan blades that was not properly affixed to the fan
suddenly flew off striking him in the face so
hard that the blade literally embedded in his skull.
It took a team of Dr's to extract the blade and left
our client with a severe facial scar. The fan
manufacturer tried to claim our client did something
wrong to dislodge the fan blade but we were able to
prove that the fan was improperly designed and
manufactured.
$600,000 - Medical Malpractice (Unnecessary Surgery
Due to Misdiagnosis)
Attorney Carl Hayden
represented a man who had a large portion of his
penis removed when Dr's mistakenly and incorrectly
diagnosed him as having a cancerous tumor.
Tests revealed that the man did not have malignant
cancer and plaintiff's experts testified that the
surgery should not have been performed.
$600,000 - Foundry Explosion-- Wrongful Death
Attorney Carl Hayden
represented the family of a man who died
at work when a large explosion of molten metal
occurred due to defective refractory material.
$475,000 - Pennsylvania Auto Accident (Fractured
Hip)
$400,000 - Legal Malpractice
$400,000 - Fall From Scaffold
$375,000 - Machine Injury at Work
$350,000 - Slip & Fall (Ankle Fracture)
$350,000 - Pennsylvania Auto Accident
$250,000 - Medical Malpractice (Failure to Diagnose
Cancer)
$236,500 - Auto Accident
$225,000 - Medical Malpractice (Failure to Diagnose
Cancer)
$215,000 - Medical Malpractice (Negligent Surgery)
*These cases
are representative only and should not be taken as a
guarantee of future results. Every case turns upon
its own unique facts. Prior results do not
guarantee a similar
outcome.
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