$16.05 Million Settlement of Massachusetts Birth Injury Case

Attorneys Daniel S. Weinstock and Carolyn M. Chopko obtained a $16.05 million settlement* on behalf of a family whose baby suffered severe brain damage at birth following a placental abruption. We have been informed that this is the largest pre-trial medical malpractice recovery in Massachusetts. Defendant-hospital was insistent on confidentiality as a term of the settlement.

This case arose when the baby’s mother began feeling ill at her home and immediately presented herself to the hospital. Unfortunately, the nurses delayed to triage the patient and did not timely institute electronic fetal monitoring. Once electronic fetal monitoring was initiated, it became apparent that the fetus was suffering from bradycardia. Due to negligence on the part of the obstetrician at the defendant-hospital, the child was not timely delivered. Further, as a result of the child’s condition as well as a miscommunication between healthcare providers, the neonatology team failed to adequately and properly institute resuscitation procedures.

Attorney Weinstock retained 12 expert witnesses in the field of OB/GYN, neonatology, hematology, physiatry, nursing, neuroradiology, vocational rehabilitation, and economics. They believe this extraordinary recovery will easily provide the child’s lifelong medical needs.

*Attorneys Weinstock and Chopko handled this case on a pro hac vice basis, which is when lawyers not licensed in a particular state associate with a lawyer who is licensed in that state and obtain the court’s permission to jointly represent a client in a specific matter.