$6.1 Million Settlement for Nurse’s Negligence Causing Cerebral Palsy

Attorneys Daniel S. Weinstock and Carolyn M. Chopko secured a $6.1 million settlement on behalf of a child who suffered bilateral severe intraventricular hemorrhages, ultimately leading to cerebral palsy due to a hospital nurse’s negligence.

The case arose when, based on numerous medical factors, the nurse breached the accepted medical standard of care in not performing a vaginal examination of a patient who was approximately 28 weeks’ pregnant. It was our position that if a vaginal examination had been performed, it would have been recognized and reported to the patient’s physicians that the patient’s cervix was significantly dilated, and that an impending footling breech delivery was threatened, which would have led to immediate delivery by cesarean section. Because a vaginal examination was not performed, an emergency cesarean section was delayed until such time as a massive placental abruption had occurred, at which point the fetus became severely hypoxic and acidotic.

Attorneys Weinstock and Chopko assembled a team of nine preeminent expert witnesses and vigorously prepared the case for trial. Ultimately, the settlement that they achieved will ensure that the child’s lifelong medical needs are met and that he receives all necessary developmental support.