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                            1999                                                    

 

 

Liability Facts:

 

This is a medical negligence claim brought by a male and female plaintiff, individually and as parents and guardians of a minor child. The claim arises out of the medical care and treatment of a female plaintiff and her son, with regard to her pregnancy, labor and delivery, by the defendants, an area hospital, and a medical practice.

           

            The defendants failed to properly manage the female plaintiff’s pregnancy, labor, and delivery in 1999.  Due to the defendants’ negligent failure to timely  deliver the minor plaintiff, he suffered extensive injuries during the labor, delivery, and newborn resuscitation process; including severe asphyxia and extreme acidosis, which resulted in severe neurologic injury, seizure disorder, orthopedic injury, severe oral-motor dysfunction, cognitive impairment, severe developmental delays, spastic quadriparesis, hypertonicity of his extremities, and other physical injuries consistent with cerebral palsy and retardation, all of which required extraordinary ongoing treatment, care and supervision.

Plaintiff:        (1) Sex  Male         Age     Newborn     

                        (2) Sex  Male         Age    33    

                        (3) SexFemale      Age    32    

 

Plaintiffs’ Theory of Liability:                                                                  

           

            The defendants among other things failed to properly monitor, evaluate, and manage the female plaintiff and her child during the pregnancy, labor, and delivery; failed to properly manage and resuscitate the minor plaintiff after delivery; and otherwise failed to properly manage the female and minor plaintiffs.

                                                                             

Injuries:

 

            The adult plaintiff’s claimed Negligent Infliction of Emotional Distress for contemporaneously perceiving the suffering of and damage to their son. They have suffered, and will continue to suffer, severe emotional distress manifested by physical symptoms.  Further, the plaintiffs have incurred and will continue to incur extraordinary medical expenses and associated costs on behalf of the minor plaintiff.

           

            The minor plaintiff suffered profound and prolonged oxygen deprivation and associated brain injury, seizures, multi-organ system dysfunction, and other injuries and impairments. The adult plaintiffs have incurred and will continue to incur medical expenses and associated costs on behalf of their son. The female plaintiff has suffered and will continue to suffer physical pain, injury, disability, emotional distress, and loss of enjoyment of life. She has incurred and will continue to incur lost earnings and earning capacity, and she has incurred and will continue to incur medical expenses and associated costs. The minor plaintiff has suffered and will

continue to suffer physical pain, injury, disability, emotional distress, and loss of enjoyment of life. Additionally, he has suffered a loss of earning capacity, and he will incur medical expenses and associated costs.

 

                          Special Damages:

                                           Medical Expenses:                               $          214,635.22

                                                           Estimated Future Lost Wages:            $       2,520,800.00

                                                           Estimated Total Loss:             $       2,735,435.22

 

Verdict/Settlement:

                         

                          The parties settled prior to trial for a confidential amount.

 

Counsel:

 

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