Attorneys Daniel S. Weinstock, G. Scott Vezina 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, Vezina 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
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