Attorneys Daniel S Weinstock, G. Scott Vezina, and Carolyn M. Chopko secured a $9 million settlement on behalf of a child with a brain injury she sustained at birth in Northern California.
California has led the nation in tort reform, with its draconian “MICRA” law in the 1970s, which makes it one of the most difficult states in which to obtain fair compensation for a medical malpractice victim. Among other restrictions, the MICRA law places a hard cap on pain and suffering at $250,000 and complicates a successful plaintiff’s ability to collect damages awarded by a jury for future medical bills. In spite of these significant obstacles, Feldman Shepherd attorneys Weinstock, Vezina and Chopko were able to secure this outstanding recovery on behalf of a child who suffers from cerebral palsy and developmental delay as a result of complications at the time of birth.
The funds have been invested in a complex plan including special needs trust, a structured settlement and additional safeguards, which are expected to secure the child’s medical and related care needs for the rest of her life.