The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)
Plaintiff alleged that defendant nurses were negligent for failing to monitor the fetus despite an order by the doctor and for allowing the patient to use the bathroom, which probably resulted in a cord prolapse.
In a confidential brief submitted for mediation, defendant claimed that plaintiff had a life expectancy of less than 10 years and CNA-level care would be appropriate, since the parents were not licensed and had provided excellent care for their child.
CLAIMED INJURIES
According to Plaintiff: Cerebral palsy, requiring assistance for all activities of daily living, including g-tube feeding.
CLAIMED DAMAGES
According to Plaintiff: $10,084 Medi-Cal lien; $8.2 to $12.4 million future medical care costs depending on life expectancy, which was disputed by defendant; $1.1 to $1.4 million future loss of earnings, disputed by defendant.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
SETTLEMENT DISCUSSIONS
According to Plaintiff: Mediation held before Dan Kelly, Esq. resulted in a cash offer by defendant hospital of $9.25 million, which was accepted by plaintiff. The case settled prior to expert designation.
SUMMARY:
Verdict/Judgment: Settlement
Verdict/Judgment Amount: $9,250,000
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.