$4.9 Million Settlement in Atlanta, Ga Birth Injury Case

In March 2012, attorneys Daniel S. Weinstock and Carolyn M. Chopko obtained a $4.9 million settlement* for an Atlanta, Ga birth injury case.

This case involved a woman who arrived at the hospital in labor at 41 weeks gestation. Fetal monitoring strips as reviewed by all physicians involved in this case, as well as all plaintiff’s and defense experts, initially showed a healthy baby. However, as the evening wore on, the fetal monitoring strips began to become concerning. Unfortunately, the physician improperly performed a fetal scalp stimulation test in reaction to the non-reassuring fetal monitoring strips. Because this test was negligently performed, the results that the physician received improperly and improvidently lead her to believe that the fetus was not in distress, when in fact she was in distress. Due to the improperly performed fetal scalp stimulation test, labor was allowed to proceed causing a catastrophic brain injury to this young plaintiff.

The defense for the hospital and the doctor all vigorously opposed liability in this case and retained experts throughout the country. The settlement is projected to take care of the financial and health care needs of this brain injured child for the rest of her life.

*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.