On the evening of the ninth day of trial, attorneys Daniel S. Weinstock and Jason A. Daria settled a case for $3.5 million* on behalf of a child who suffered brain damage from chronic placental insufficiency during her pregnancy. The child now suffers from cerebral palsy and a seizure disorder.
The case was rather unique and challenging in that all parties in the case agreed the child’s brain injury did not occur during the several hour period leading up to delivery. Rather, Weinstock and Daria presented a strong argument that the obstetrician caring for the child’s mother ought to have ordered a test called a biophysical profile when it was reported that the baby did not seem to be moving around as much as he previously had. In addition, blood pressure recordings had become elevated by the end of the pregnancy.
The case was tried in Charlotte, NC. The settlement agreement was reached on the evening before plaintiffs’ final witnesses would have testified.
The child’s lifelong medical and other care needs will be paid for by the settlement.
*Attorneys Weinstock and Daria 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.