New Hampshire Trial Lawyers Association Verdicts and Settlement Report

PO Box 447

Concord, NH  03302-0447

 

 

Case Title:                         Anonymous v. Anonymous                               

 

County:                            Hillsborough                                                      

 

Date of Injury               2001                                                                

 

 

Liability Facts:

           

            This is a medical negligence claim arising out of the medical care and treatment of a female plaintiff and her son, incident to her pregnancy, labor and delivery, by a defendant doctor, an obstetrical practice, and a local hospital.          

           

            The defendants failed to properly manage the female plaintiff’s medical care and treatment in 2001.  Due to the defendants’ negligence, and lack of intervention, the minor plaintiff suffered profound injuries, including prolonged oxygen deprivation and associated severe and permanent brain injury, a fractured skull, seizures, multi-organ system dysfunction, developmental disabilities, physical and emotional pain and suffering and other injuries and impairment.

Plaintiff:        (1) Sex: Male      Age newborn   

                        (2)Sex: Female  Age 34  

 

Plaintiff’s Theory of Liability:

           

            The Defendants’ failed to properly monitor the female plaintiff and her child during labor, failed to recognize and respond to signs of fetal stress and dysfunctional labor, failed to timely deliver or otherwise intervene in the labor and delivery process of the minor plaintiff, failed to properly anticipate and plan for a difficult birth and a compromised infant, and otherwise failed to appropriately manage the labor and delivery.

           

Defendants’ Theory of Defense:

 

            The defendant local hospital, defendant obstetrical practice, and defendant doctor made general denials of negligence and assertions that all care provided fell within acceptable medical standards. During discovery, the defendant local hospital was found not to be liable and discharged as a defendant by the plaintiff.

 

Injuries:

 

            The minor plaintiff incurred substantial medical and hospital expenses, therapy expenses, and other extraordinary expenses; past, present, and future physical pain; emotional suffering; loss of earning capacity; and loss of enjoyment of life.

           

            Additionally, the female plaintiff suffered a prolonged delivery of her son, physical pain and emotional suffering, and other injuries and losses. She has incurred and will continue to incur substantial medical and hospital expenses, therapy expenses, and other extraordinary child rearing expenses.                                                                             

 

                        Special Damages:       

                                                            Total Medical Expenses                     58,375.32

 

Verdict/Settlement:

 

            The parties settled prior to trial for a confidential amount.

 

Counsel:

            For the Plaintiff: Kevin F. Dugan, Esquire and Mark A.