NEW HAMPSHIRE TRIAL LAWYERS ASSOCIATION VERDICTS AND SETTLEMENT REPORT
P.O. BOX 447
CONCORD, NH 03301
Plaintiff’s Attorney: Kenneth C. Brown, Esq. and Jared R. Green, Esq.
Case Title: Roy Whitson, Individually and as Administrator of the estate of Nathan Whitson and Debbie Whitson, Individually v. United States of America
Court: US District Court Date of Injury: 7/30/04
Liability Facts: This is a medical negligence case brought against the United States under the Federal Tort Claims Act arising from the death of Nathan Whitson seven days after his birth.
Plaintiff: Sex:M Age at time of injury: birth injury
Plaintiff’s Theory of Liability The plaintiffs allege that Dr. Peter Loeser, a family practice physician who is deemed a federal employee under the Federally Supported Health Centers Assistance Act, failed to respond to signs of fetal distress during labor, failed to recognize the failure of the progression of Debbie Whitson’s labor, failed to recommend a caesarean delivery, failed to request an obstetrical consult, failed to timely request the presence of a pediatrician, and otherwise failed to appropriately manage the pregnancy, labor and delivery.
The plaintiffs also allege that Dr. Loeser was incompetent to manage patients such as Debbie Whitson and that he should not have been allowed to do so. Specifically, at the time that he was managing Debbie Whitson’s labor and delivery, Dr. Loeser had significant personal problems and family problems and was under police investigation for several felony offenses arising from his relationship with a patient a few months earlier.
Defendant’s Theory of Defense: General denial. There was no negligence in the handling of the delivery of Nathan Whitson. Dr. Loeser was qualified, competent, and properly trained to provide the requisite degree of care ordinarily exercised by a reasonably skillful, careful and prudent health care provider engaged in a similar practice, and provided such care. The acts of the United States, through Health First Family Care Center, Inc., and Dr. Loeser, were not the proximate cause of any alleged injury to the plaintiffs. Ms. Whitson’s comparative negligence proximately caused or contributed to any damage or injury sustained by the plaintiffs. Plaintiffs’ injuries and damages, if any, were caused by the negligence of third parties for which the United States is not liable.
Injuries: (Diagnosis/Prognosis/Permanency): Brain injury, hypoxic-ischemic encephalopathy, and other injuries and impairments resulting in Nathan’s death seven days after delivery. Roy Whitson and Debbie Whitson lost the care, comfort, services, and companionship of their son and they contemporaneously perceived their son’s injuries, suffering, and subsequent death resulting in severe emotional distress manifested by physical symptoms.
COUNSEL: Kenneth C. Brown, Esquire
Jared R. Green, Esq.
ABRAMSON, BROWN & DUGAN
1819 Elm Street
Manchester, NH 03104
Counsel for the Plaintiff