New Hampshire Trial Lawyers Association Verdict and Settlement Report

P.O. Box 447

Concord, NH 03302

Case Title:               Anonymous v. Anonymous                                     


County:                    Rockingham                                                             


Date of Injury:          1999                                                                        


Liability Facts:


This is a medical malpractice claim arising out of the defendants’ management of a minor child during his newborn admission at an area medical center.


The defendants failed to properly manage the minor child’s medical care in that they failed to recognize and respond timely and appropriately to the plaintiff’s neonatal respiratory distress.  Due to the defendant’s negligence, the minor plaintiff’s condition, persistent pulmonary  hypertension, progressed and worsened causing him to suffer profound and prolonged oxygen deprivation and associated brain injury, resulting in hypotonic cerebral palsy, movement disorder, and global developmental delays.

Plaintiff:                    (1) Sex    F     Age     32  

(2) Sex    M    Age     31      

(3) Sex    M    Age   Newborn


Plaintiff’s Theory of Liability:


Suit was brought against the defendant doctor, a local hospital, and an area pediatric practice. The defendants’ failed to recognize and respond to signs of neonatal distress, including respiratory distress, failed to properly monitor and evaluate the child and his condition, failed to timely transfer the minor plaintiff to a facility better equipped to treat the minor plaintiff’s condition, failed to timely and adequately notify the physician of the minor plaintiff’s deteriorating condition, failed to follow physician’s orders, failed to diagnose and treat the minor plaintiff’s condition, and otherwise failed to exercise due care.


Defendants’ Theory of Defense:


General denials of negligence and assertions that all care provided fell within acceptable medical standards.




The minor plaintiff suffered profound and prolonged oxygen deprivation and associated brain injury, and other injuries and impairments causing him to incur substantial medical and hospital expenses, therapy expenses, and other extraordinary expenses, physical pain, emotional suffering, loss of earning capacity, loss of enjoyment of life.


In addition, the plaintiff parents of the minor plaintiff witnessed their child’s suffering and deterioration, causing them to experience extreme emotional distress manifested by physical symptoms and suffer the loss of the familial relationship with their child and the loss of a substantially better outcome for their child.  They have and will continue to incur substantial medical, hospital, therapy, custodial and other extraordinary child rearing expenses.



Total Medical Expenses:                    $115,265.54




The parties reached a settlement for a confidential amount.




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