$16 Million recovery in obstetric malpractice case

March, 2008

Attorneys Daniel S. Weinstock and Edward S. Goldis won a $16 Million Verdict on behalf of a child with severe cerebral palsy caused by a catastrophic placental abruption that occurred at 39 ½ weeks gestation.

Mrs. DuPont had a very high risk pregnancy, with complications including a bicornuate uterus (congenital abnormality of the mother), unexplained elevated alphafeta protein (MSAFP) levels and intrauterine growth restriction. Attorneys Weinstock and Goldis presented a compelling argument that in light of these complications, the standard of care required Mrs. DuPont’s maternal fetal medicine doctor, Richard Aubry, M.D, to deliver Kayla when the pregnancy reached 38 weeks’ gestation, or term. Although Dr. Aubry aggressively denied all allegations of negligence, during cross-examination at trial he was forced to admit that the standard of care in this setting required delivery at a time before the catastrophic placental abruption occurred.

Placental abruption is a condition where the placenta, which provides oxygen rich blood and nutrients to the baby while in utero, prematurely separates from the wall of the uterus. In this case, a 100% placental abruption occurred days after Dr. Aubry admitted the standard of care required Kayla to be delivered. As a result of the placental abruption, Kayla was starved of oxygen for several minutes prior to delivery, leading to brain damage, mental retardation and a seizure disorder.

Attorneys Weinstock and Goldis are confident that this verdict will be sufficient to provide for all of Kayla’s medical and other care needs as long as she lives.  Back to Top

$9.3 Million recovery in obstetric malpractice case

September, 2003

During the second week of trial, Feldman Shepherd attorneys Daniel S. Weinstock and Daniel J. Mann reached a $9.3 million settlement on behalf of a child who during labor and delivery suffered brain damage leading to choreoathetoid cerebral palsy, infantile spasms and mental retardation. The confidential nature of the settlement agreement does not permit the names of the parties to be disclosed.

Throughout the 16 hour labor, a procedure called amnioinfusion was used in order to thin out meconium which had been detected in the amniotic fluid. If not performed and monitored correctly, amnioinfusion can cause a reduction of blood and oxygen circulation to the baby.

During trial, Feldman Shepherd attorneys presented compelling evidence that the hospital’s nurses and medical residents failed to monitor the effects of the amnioinfusion, and did not recognize the impact it was having on the baby. The evidence demonstrated that the attending physician, who was only present during the last couple of hours of labor, similarly failed to recognize that the baby was in trouble, and needed to be delivered operatively on an emergent basis.

The trial was conducted in Philadelphia’s “high-tech” courtroom, which allowed extensive medical illustrations, charts and records to be displayed in a manner that allowed the jury to understand the complex medical issues presented by the case.

The settlement is expected to provide for all of the medical and other care the child will need throughout his lifetime.  Back to Top

$7.5 Million cash settlement for brain injuries caused by misplaced catheter

June, 2004

During the first day of trial, Feldman Shepherd attorneys Daniel S. Weinstock and Daniel J. Mann secured a $7.5 million cash settlement on behalf of a 15 year old child who suffers from cerebral palsy and mental retardation as a result of the alleged negligence of the child’s attending neonatologist and medical residents. The alleged negligence occurred during the child’s first two days of life in 1988. At the insistence of the defendants, the names of the parties are being held confidential.

Because the child was born premature in December of 1988, he recieved his feeds through a tube called an umbilical venous catheter (UVC). The catheter was placed inside of the child’s heart, which led to a condition called cardiac tamponade and, ultimately, cardiac arrest.

Attorneys Weinstock and Mann mounted a powerful case against the defendants, asserting that it was negligent for the defendants to place the UVC inside of the child’s heart, and that the residents were negligent in failing to make the diagnosis of cardiac tamponade until more than an hour after the child’s condition had suddenly deteriorated.

Trial was begun in Philadelphia’s “high-tech” courtroom, permitting the evidence to be demonstrated to the jury much more effectively than can be done in a traditional courtroom presentation.

Feldman Shepherd attorneys are confident that the 15 year old boy’s medical, educational and other needs will be taken care of for the rest of his life.   Back to Top

$6 Million Settlement in Cerebral Palsy Case

March, 2007

Ten days before trial was scheduled to begin, Feldman, Shepherd, Wohlgelernter, Tanner & Weinstock attorneys Daniel S. Weinstock and Jason A. Daria secured a settlement of $6 Million on behalf of a child who suffers from severe cerebral palsy. This is believed to represent the largest recovery in a personal injury action in the small New Jersey county where the lawsuit was pending. At the insistence of the defendants, the names of the parties are being held confidential.

The medical issues in the case focused on labor and delivery in the year 2002. The labor and delivery were managed by a family practitioner with some training in obstetrics, rather than by an obstetrician. Plaintiffs contended that abnormalities reflected in the electronic fetal monitoring strips should have put the family practitioner on notice that the baby was not tolerating the labor, and that the family practitioner should have called in an obstetrician for assistance.

In addition, attorneys Weinstock and Daria engaged in a highly detailed and thorough analysis of the credentialing and privileging practices at the defendant hospital in order to figure out why the family practitioner was permitted to manage this high-risk pregnancy. Their zealous efforts, which included taking nearly 3 dozen discovery depositions and conducting extensive investigation outside of litigation, allowed attorneys Weinstock and Daria to prove the family practitioner had mismanaged multiple pregnancies in the past, resulting in the deaths of at least 2 other babies. This set the ground work for a rather unique, but very powerful claim against the hospital for corporate negligence.

This settlement should provide for the child’s life long medical and other care needs.  Back to Top

$5 Million recovery for family of brain-damaged child for failure of physicians to diagnose jaundice/hyperbilirubinemia

December, 1998

In a confidential settlement arrived at on the first day of trial, Feldman Shepherd attorneys Carol Nelson Shepherd and Daniel J. Mann obtained a $5 million recovery for a brain-damaged youngster and her family. The case arose from the failure of several physicians to diagnose and treat jaundice in a newborn infant during the first weeks of her life.

In this case, a newborn healthy baby was discharged from a hospital without any instructions to the mother about the signs and symptoms of jaundice, such as abnormal coloring and difficulty feeding. Evidence discovered by counsel showed that at the time that the infant was discharged from the hospital the day after her birth, photographs taken by the family showed differences in skin color, which should have led physicians to recognize the development of jaundice. The baby’s jaundice, tragically, went unnoticed and untreated by her doctors.

When the infant was five days old, the private pediatrician who was scheduled to see the infant at two weeks was informed of feeding problems and skin and eye discoloration. The mother was instructed to take the infant to the hospital the following morning for bilirubin testing, which would show if the infant had jaundice. However, the urgent need for immediate testing was not communicated to the parents. When the infant was finally admitted to the hospital, the treatment for hyperbilirubinemia, an exchange transfusion, was ordered to be carried out on a stat basis, but was incomprehensively delayed for almost seven hours.

The substantial result obtained on behalf of the minor plaintiff and her family was accomplished through the taking of extensive depositions, which developed three separate theories of liability against different physicians and hospitals: (1) the failure to instruct the mother at the time of discharge on the signs of neonatal jaundice, and to recognize that the infant was beginning to present signs of jaundice; (2) the failure of the pediatrician to have the infant come to the hospital immediately for testing; and (3) the failure of the hospital physicians to timely perform the exchange transfusion.   Back to Top

$3.4 Million settlement in obstetric malpractice case

March, 2004

After the jury had been selected and trial was ready to begin, Feldman Shepherd attorneys Daniel S. Weinstock, Daniel J. Mann and Riki R. Redente secured a $3.4 million settlement for a 13 year old girl as a result of a delay in her delivery in 1990. The settlement agreement does not permit the names of the parties to be disclosed.

The child’s mother presented to the defendant hospital in labor at 1:30 a.m. Because of abnormalities in the electronic fetal monitoring strips, Feldman Shepherd attorneys asserted an emergency caesarean section should have been performed, with delivery no later than 2:15 a.m. Due to the alleged negligence of medical residents and nurses, there was a delay of approximately 90 minutes in the performance of caesarean delivery.

Thankfully the child's brain damage did not cause cerebral palsy or other motor (movement) disorders. However, she does suffer from developmental delay. Pennsylvania's "Minor's Tolling Act" provides that the normal two year statute of limitations, which would ordinarily extinguish a victim's rights two years after the date of the injury, does not apply to children. This rule allowed the child to start the lawsuit at age 10, even though her family had not considered litigation when she was an infant.

The settlement is expected to provide lifelong financial security for this 13 year old child.  Back to Top

$4.3 Million recovery for family of brain-damaged infant for failure of obstetrician to perform procedure to repair cervix

December, 2001

In a confidential settlement arrived at after jury selection, Feldman Shepherd attorneys Carol Nelson Shepherd and Daniel J. Mann secured a $4.3 million for a brain-damaged youngster and his family in an obstetrical malpractice case.

In this case, the child's mother developed an "incompetent" (or weakened) cervix during pregnancy. Although her physicians recognized that the cervix was shortened, and would likely cause the premature birth of her child, the physicians neglected to perform a procedure known as a cerclage, which would increase the likelihood of the cervix remaining closed. As a result of this failure, the infant was delivered extremely prematurely (27 weeks instead of 40 weeks), with severe brain damage.

Because of Ms. Shepherd's experience in handling birth-related injury cases, she was retained to represent the family in this important matter. Following comprehensive depositions of the defendant doctors and other witnesses, the case was successfully resolved on the first day of trial. In addition to retaining two highly qualified obstetrical experts, Feldman Shepherd also obtained expert support from a distinguished neonatologist and a pediatric neurologist, who linked the negligence of the defendant physicians to the damages suffered by the infant. Life care planners and economic experts were also prepared to testify to the future costs associated with caring for the significantly impaired child as he grows older.  Back to Top

$1.2 Million settlement in obstetric malpractice case

September, 2003

In a confidential settlement reached just before trial was scheduled to begin, Feldman Shepherd attorney Daniel S. Weinstock secured a $1.2 million settlement on behalf of a child with mild cerebral palsy in an obstetric malpractice case.

The child’s mother went into labor at 28 weeks’ gestation (three months premature), with signs of infection in the uterus. The labor was complicated by a placental abruption, which is a medical condition in which the placenta tears away from the uterus, causing blood loss. Mr. Weinstock contended that in light of signs of placental abruption that were present, an emergency caesarean section should have been ordered several minutes earlier, and that the delay substantially increased the baby’s chances of developing neurologic complications such as cerebral palsy.  Back to Top

$2.3 Million settlement in obstetrics/radiology malpractice case

April, 2005

After selecting a jury in Delaware County, PA, Feldman Shepherd attorneys Carol Nelson Shepherd and Peter M. Newman negotiated a $2.3 million settlement for a 5 year old girl who sustained severe neurologic injuries caused by the failure of the defendant physicians to diagnose and treat twin-to-twin transfusion syndrome (“TTTS”). TTTS is a phenomenon that occurs only in monochorionic (shared placenta) twin pregnancies when the arterial circulation of one twin is in communication with the venous circulation of the other twin through arteriovenous anastomoses. Blood is transfused from the “donor” twin to its “recipient” sibling such that the donor becomes growth restricted while the recipient develops circulatory overload with associated complications. (To see a trial exhibit illustrating TTTS, click here). A confidentiality clause in the settlement agreement precludes disclosure of the names of the defendant physicians and institutions.

Plaintiff’s mother was 10 weeks pregnant when an ultrasound revealed a twin gestation. Unfortunately, the radiologist interpreting that ultrasound failed in his duty to determine whether the twins shared a placenta. To see a trial exhibit illustrating how monochorionic and dichorionic twin gestations appear on a 10 week ultrasound, click here. Monochorionic twins (that share a placenta) are at increased risk for complications, including TTTS.

A second ultrasound, performed eight weeks later, noted an 18% discrepancy in the weight of the twins, a large discrepancy in their abdominal circumferences, and an amniotic fluid imbalance, all signs and symptoms of TTTS. Unfortunately, the defendant obstetricians failed to take action to monitor and treat the evolving syndrome. Treatment options for TTTS include serial amnioreduction therapy (redistribution of amniotic fluid) and fetoscopic laser occlusion (surgery to separate the blood vessels that connect the twins). A third ultrasound performed at 29 weeks gestation revealed the intrauterine fetal demise of the smaller twin. Blood shunted from the surviving twin to the demised twin then caused the surviving twin to suffer hypoxia and resulting neurologic injury.

Plaintiff was prepared to present testimony at trial from experts in the fields of obstetrics, radiology, pediatric neurology, perinatology, pediatric neuropsychology as well as a life-care planner and an economist in support of her claim.

However, the case was strongly contested by the defendants who proposed to call experts from the fields of obstetrics, radiology, pathology, pediatric neurology, perinatology, pediatric neuropsychology and forensic economics, to testify not only that there were other possible causes of injury to the minor-plaintiff, but also that treatment options for TTTS, if present, were experimental in nature and would not likely have avoided injury to the plaintiff.

The settlement will be held in trust for the 5 year old plaintiff to meet her future needs.  Back to Top

$9.3 Million recovery in obstetric malpractice case

September, 2003

During the second week of trial, Feldman Shepherd attorneys Daniel S. Weinstock and Daniel J. Mann reached a $9.3 million settlement on behalf of a child who during labor and delivery suffered brain damage leading to choreoathetoid cerebral palsy, infantile spasms and mental retardation. The confidential nature of the settlement agreement does not permit the names of the parties to be disclosed.

Throughout the 16 hour labor, a procedure called amnioinfusion was used in order to thin out meconium which had been detected in the amniotic fluid. If not performed and monitored correctly, amnioinfusion can cause a reduction of blood and oxygen circulation to the baby.

During trial, Feldman Shepherd attorneys presented compelling evidence that the hospital’s nurses and medical residents failed to monitor the effects of the amnioinfusion, and did not recognize the impact it was having on the baby. The evidence demonstrated that the attending physician, who was only present during the last couple of hours of labor, similarly failed to recognize that the baby was in trouble, and needed to be delivered operatively on an emergent basis.

The trial was conducted in Philadelphia’s “high-tech” courtroom, which allowed extensive medical illustrations, charts and records to be displayed in a manner that allowed the jury to understand the complex medical issues presented by the case.

The settlement is expected to provide for all of the medical and other care the child will need throughout his lifetime.  Back to Top

$7.5 Million cash settlement for brain injuries caused by misplaced catheter

June, 2004

During the first day of trial, Feldman Shepherd attorneys Daniel S. Weinstock and Daniel J. Mann secured a $7.5 million cash settlement on behalf of a 15 year old child who suffers from cerebral palsy and mental retardation as a result of the alleged negligence of the child’s attending neonatologist and medical residents. The alleged negligence occurred during the child’s first two days of life in 1988. At the insistence of the defendants, the names of the parties are being held confidential.

Because the child was born premature in December of 1988, he recieved his feeds through a tube called an umbilical venous catheter (UVC). The catheter was placed inside of the child’s heart, which led to a condition called cardiac tamponade and, ultimately, cardiac arrest.

Attorneys Weinstock and Mann mounted a powerful case against the defendants, asserting that it was negligent for the defendants to place the UVC inside of the child’s heart, and that the residents were negligent in failing to make the diagnosis of cardiac tamponade until more than an hour after the child’s condition had suddenly deteriorated.

Trial was begun in Philadelphia’s “high-tech” courtroom, permitting the evidence to be demonstrated to the jury much more effectively than can be done in a traditional courtroom presentation.

Feldman Shepherd attorneys are confident that the 15 year old boy’s medical, educational and other needs will be taken care of for the rest of his life.   Back to Top