$3M Delaware Medical Malpractice Verdict Against OB For Brachial Plexus Birth Injury

162017_132140396847214_292624_n.jpg?resize=180%2C79&ssl=1On September 27, 2017, a Delaware medical malpractice jury returned its verdict in the amount of $3 million in favor of a now 9-year-old child against the obstetrician who delivered him, finding that the defendant OB was responsible for the child’s brachial plexus injury that occurred during his delivery when the OB applied too much force to his head and neck that caused injury to his right shoulder and arm that is a permanent impairment.

The Delaware medical malpractice birth injury lawsuit alleged that the defendant OB used too much force on the baby’s head and neck after his shoulders got stuck in his mother’s pelvis during the vaginal delivery and prevented his delivery. The allegedly excessive force applied by the defendant OB during delivery caused nerves emanating from the baby’s cervical spine at C5 and C6 to rupture.

The now 30-year-old mother, who had a history of gestational diabetes, had agreed to allow doctors at a Delaware hospital to induce her labor on April 9, 2008. The plaintiff’s birth injury lawsuit alleged that when the baby got stuck in the birth canal, the defendant OB pulled the baby’s head in a swift downward motion in an attempt to dislodge the baby’s body. Upon birth, the 8 pound 13 ounce baby’s right arm was limp at his side (he was otherwise healthy).

Three months after his birth, a pediatric neurologist diagnosed the infant with nerve damage: three of the nerves were overstretched and injured and two of the nerves were torn apart. Brachial plexus injuries suffered by newborns often improve over time, with many attaining a full recovery of use and function of the effected arm, but the more extensive and serious brachial plexus birth injuries may never get better or resolve fully.

In the case of the Delaware boy, he had two subsequent surgeries to attempt to increase the mobility in his right arm but he nonetheless was left with significant residual injuries that are permanent, including his right arm being four inches shorter than his left arm. At nine years old, the boy has difficulty zipping his pants, he cannot ride a bicycle due to his right wrist curling inwards that prevents him from safely steering, and he cannot fully engage in his favorite sport, soccer, because he cannot bring his right arm behind his head.

The medical malpractice insurer for the defendant obstetrician reportedly refused the plaintiff’s reasonable settlement offer in the Delaware medical malpractice case, offering nothing to settle the claim. The defendant OB reportedly has a $1 million medical malpractice policy that would be insufficient to pay the judgment (assuming the defendant does not file an appeal and the verdict stands). Pre-judgment interest increases the Delaware medical malpractice jury’s verdict to $4.5 million. The defendant’s medical malpractice insurer may find itself defending against a bad faith failure to settle claim filed by its insured.

Source

If you or your baby suffered a birth injury during labor and/or delivery in Delaware or in another U.S. state, you should promptly find a Delaware birth injury lawyer, or a birth injury lawyer in your state, who may investigate your birth injury claim for you and represent you and your child in a birth injury medical malpractice case, if appropriate.

Click on the “Contact Us Now” tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find birth injury attorneys in your state who may assist you.

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$3M Delaware Medical Malpractice Verdict Against OB For Brachial Plexus Birth Injury

Texas Medical Malpractice Lawsuit Alleges Surgeon Removed Large Portion Of Patient’s Pancreas, Instead Of Adrenal Gland

A Texas medical malpractice lawsuit has been filed against a surgeon who allegedly removed 40% of the plaintiff’s healthy pancreas instead of the cancerous tumor on her adrenal gland. The defendant surgeon told the 63-year-old woman’s family shortly after the surgery that he had removed her left adrenal gland containing the cancerous tumor and that Continue reading Texas Medical Malpractice Lawsuit Alleges Surgeon Removed Large Portion Of Patient’s Pancreas, Instead Of Adrenal Gland
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Texas Medical Malpractice Lawsuit Alleges Surgeon Removed Large Portion Of Patient’s Pancreas, Instead Of Adrenal Gland

Texas Medical Malpractice Lawsuit Alleges Surgeon Removed Large Portion Of Patient’s Pancreas, Instead Of Adrenal Gland

162017_132140396847214_292624_n.jpg?resize=180%2C79&ssl=1A Texas medical malpractice lawsuit has been filed against a surgeon who allegedly removed 40% of the plaintiff’s healthy pancreas instead of the cancerous tumor on her adrenal gland. The defendant surgeon told the 63-year-old woman’s family shortly after the surgery that he had removed her left adrenal gland containing the cancerous tumor and that the woman was now cancer-free, according to the plaintiff’s Texas medical malpractice lawsuit. The surgery took place in November 2016 after the woman was diagnosed with neuroendocrine carcinoma.

After filing his client’s medical malpractice case, the plaintiff’s Texas medical malpractice lawyer stated, “This is not a circumstance where the surgeon accidentally nicked the pancreas. That is not what happened. It wasn’t a slight mistake. He went in and took out half of the pancreas. And the pancreas is terribly important.”

As a result of a large portion of the plaintiff’s pancreas being wrongfully removed, which regulates blood sugar levels, fluids from her injured pancreas leaked into her abdomen, which continues to the present day. The woman required 27 surgeries to drain her pancreas. She has also developed Type I diabetes as a result.

The woman still has cancerous tumors on her adrenal glands. Her health care providers are waiting to perform further surgery to remove the cancerous tumors until she becomes stronger after having undergone the previous surgeries.

After her medical malpractice lawsuit was filed, the plaintiff stated, “I don’t know where the cancer stands right know and it’s been almost a year. I know it has to come out. They’re trying to prolong it six months until I can heal a little more. I’m scared to death what they’re going to find. You think of a doctor as God and that he’s going to fix everything. And he did the reverse.”

The Texas medical malpractice plaintiff’s original surgery was performed using the DaVinci Robotic Surgical System but its use evidently did not cause the wrong organ being removed by the defendant surgeon, as alleged in the medical malpractice lawsuit.

Source

What Is The Pancreas And What Does It Do?

According to The Johns Hopkins Medicine website:

“The pancreas is an elongated, tapered organ located across the back of the abdomen, behind the stomach. The right side of the organ, called the head, is the widest part of the organ. It lies in the curve of the duodenum, the first section of the small intestine. The tapered left side extends slightly upward, called the body of the pancreas, and ends near the spleen, called the tail.

Functions of the pancreas

The pancreas has digestive and hormonal functions:

The enzymes secreted by the exocrine gland in the pancreas help break down carbohydrates, fats, proteins, and acids in the duodenum. These enzymes travel down the pancreatic duct into the bile duct in an inactive form. When they enter the duodenum, they are activated. The exocrine tissue also secretes a bicarbonate to neutralize stomach acid in the duodenum.

The main hormones secreted by the endocrine gland in the pancreas are insulin and glucagon. They regulate the level of glucose in the blood, and somatostatin, which prevents the release of the other 2 hormones.

Source

If you or a family member suffered harm as a result of surgical malpractice in Texas or elsewhere in the United States, you should promptly find a medical malpractice lawyer in Texas or in your state who may investigate your surgical medical malpractice claim for you and represent you or your family member in a surgical medical malpractice case, if appropriate.

Visit our website or call us toll-free in the United States at 800-295-3959 to find surgical malpractice attorneys in your state who may assist you.

Turn to us when you don’t know where to turn.

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Texas Medical Malpractice Lawsuit Alleges Surgeon Removed Large Portion Of Patient’s Pancreas, Instead Of Adrenal Gland

$6M New Jersey Medical Malpractice Verdict Against Paramedic For Wrongful Death

On September 26, 2017, a New Jersey medical malpractice jury awarded over $6 million to the estate of a 20-year-old woman who died seven days after giving birth to a premature baby, after finding that the paramedic who transported the woman from home to the hospital failed to properly intubate her on February 3, 2012, Continue reading $6M New Jersey Medical Malpractice Verdict Against Paramedic For Wrongful Death
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$6M New Jersey Medical Malpractice Verdict Against Paramedic For Wrongful Death

$6M New Jersey Medical Malpractice Verdict Against Paramedic For Wrongful Death

162017_132140396847214_292624_n.jpg?resize=180%2C79&ssl=1On September 26, 2017, a New Jersey medical malpractice jury awarded over $6 million to the estate of a 20-year-old woman who died seven days after giving birth to a premature baby, after finding that the paramedic who transported the woman from home to the hospital failed to properly intubate her on February 3, 2012, leading to her death. The verdict includes $2 million to compensate her 5-year-old son for the loss of his mother, and over $4 million to the woman’s estate.

The plaintiff was required to prove that the paramedic failed to act in good faith in order to prevail in her New Jersey medical malpractice case. The eight-person jury decided 7 to 1 to compensate the plaintiff (i.e., the minimum number of New Jersey jurors required to find in favor of the plaintiff in order for the plaintiff to prevail).

New Jersey’s Higher Burden To Recover Damages For Injuries Caused By Paramedics

NJ RV Statutes Section 2A:53A-12 provides: “Members of volunteer first aid, rescue or emergency squads or national ski patrol system; liability for damages. No member of a volunteer first aid, rescue or emergency squad, or volunteer member of the National Ski Patrol System, which provides emergency public first aid and rescue services shall be liable in any civil action to respond in damages as a result of his acts of commission or omission arising out of and in the course of his rendering in good faith any such services as such member but such immunity from liability shall not extend to the operation of any motor vehicle in connection with such services. Nothing herein shall be deemed to grant any such immunity to any person causing damage by his willful or wanton act of commission or omission.”

NJ RV Statutes Section 2A:53A-13 provides: “Liability of member of volunteer fire company, authorized active volunteer, first aid or rescue squad worker providing emergency services. No member of a volunteer fire company, which provides emergency public first aid and rescue services or services for the control and extinguishment of fires, or both, and no authorized active volunteer first aid or rescue squad worker who is not a member of the volunteer fire company within which the first aid or rescue squad may have been created, doing public first aid or rescue duty, shall be liable in any civil action to respond in damages as a result of his acts of commission or omission arising out of and in the course of his rendering in good faith any such services, or arising out of and in the course of participation in any authorized drill, but such immunity from liability shall not extend to the operation of any motor vehicle in connection with the rendering of any such services. Nothing herein shall be deemed to grant any such immunity to any person causing damage by his willful or wanton act of commission or omission.”

The Underlying Facts

The young woman had gone to the hospital when she was 28 weeks pregnant at which time her baby was delivered by Cesarean section on January 27, 2012. Seven days later, while at home, the paramedics were called to transport the woman to the hospital. The woman required intubation, which the paramedics attempted but failed to properly perform, which was discovered when the woman arrived at the hospital. The New Jersey medical malpractice jury found that the paramedic who failed to act in good faith was 85% responsible for the young woman’s death, and that the remaining 15% was due to the woman’s pre-existing condition.

After the New Jersey medical malpractice jury rendered its verdict in favor of the woman’s estate, the plaintiff’s New Jersey medical malpractice attorney stated, “We believe that the verdict accurately reflects the value of the economic damages and the noneconomic damages in this case. Twenty-year-old girl, she was a beautiful and a wonderful person, and she left behind a 7-day-old kid. I think the verdict reflects, number 1, that they were very displeased with the medical care that she got by these paramedics. They found it unacceptable, and it rose to a higher level than just mere negligence. Obviously, we were happy with the verdict. It represents what I believe to be the only verdict against an advanced life support paramedic in the State of New Jersey.”

The New Jersey medical malpractice defendants have not indicated whether they intend to file an appeal.

Source

If you or a family member were injured due to the medical negligence of a paramedic in New Jersey or in another U.S. state, you should promptly find a medical malpractice lawyer in New Jersey or in your state who may investigate your possible paramedic negligence claim for you, and represent you or your family member in a paramedic malpractice case, if appropriate.

Click on the “Contact Us Now” tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in your state who may assist you.

Turn to us when you don’t know where to turn.

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$6M New Jersey Medical Malpractice Verdict Against Paramedic For Wrongful Death

Kentucky Appellate Court Affirms No Arbitration For Nursing Home Wrongful Death Claim

The Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) rendered its opinion on September 22, 2017 in a Kentucky nursing home wrongful death claim in which the defendant nursing home sought to compel arbitration pursuant to the arbitration agreement that the nursing home resident had signed in 2012, holding: “Had all of the legal Continue reading Kentucky Appellate Court Affirms No Arbitration For Nursing Home Wrongful Death Claim
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Kentucky Appellate Court Affirms No Arbitration For Nursing Home Wrongful Death Claim

Kentucky Appellate Court Affirms No Arbitration For Nursing Home Wrongful Death Claim

162017_132140396847214_292624_n.jpg?resize=180%2C79&ssl=1The Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) rendered its opinion on September 22, 2017 in a Kentucky nursing home wrongful death claim in which the defendant nursing home sought to compel arbitration pursuant to the arbitration agreement that the nursing home resident had signed in 2012, holding: “Had all of the legal beneficiaries of John D. Clemons, Sr., executed the arbitration agreement at issue in this case at the time of his admission or during his residency at the nursing home, then the outcome of this case could be different. However, until the Kentucky Supreme Court directs otherwise, we are duty bound to follow existing Kentucky precedent pursuant to Rules of the Supreme Court 1:030(8), and therefore affirm the Powell Circuit Court’s Order denying appellants’ motion to arbitrate the underlying wrongful death claim in this case.”

In the case the Kentucky Appellate Court was deciding, the nursing home resident had lived at the defendant nursing home since 2007 (he died on January 30, 2013). In 2012, the resident had signed the defendant nursing home’s “Alternative Dispute Resolution Agreement” (arbitration agreement), which the Kentucky Appellate Court stated contained valid arbitration provisions that would apply to any claims asserted for negligence, medical negligence, corporate negligence, and violation of a nursing home resident’s statutory rights.

The Kentucky Appellate Court stated that the issue before it, however, was whether wrongful death claims asserted by the estate of the resident, on behalf of his beneficiaries, are subject to the valid arbitration agreement.

Kentucky Appellate Court Opinion

The Kentucky Supreme Court held in the 2012 case Ping v. Beverly Enterprises, Inc., 376 S.W.3d 581 (Ky. 2012): “the wrongful death claimants would not be bound by the decedent’s arbitration agreement, even if one existed, because their statutorily distinct claim does not derive from any claim on behalf of the decedent, and they therefore do not succeed to the decedent’s dispute resolution agreements. . . .”

Nonetheless, the United States Supreme Court held on May 15, 2017 in another Kentucky nursing home arbitration case (Kindred Nursing Centers Ltd. Partnership v. Clark, ___ U.S. ___, 137 S. Ct. 1421, 197 L. Ed. 2d 806, (2017)) that the Kentucky Supreme Court had erred in finding that the underlying nursing home claims were not subject to arbitration.

The Kentucky Appellate Court reviewed the U.S. Supreme Court’s decision in Clark and decided: “we do not believe it overrules Ping as concerns the derivative claims asserted by wrongful death beneficiaries under Kentucky Revised Statutes (KRS) 411.130 … we do not believe Ping has been preempted by the FAA .”

Considering the U.S. Supreme Court’s decision in Clark, the Kentucky Appellate Court, citing a Sixth Circuit Court of Appeals decision, stated that Ping does not categorically prohibit arbitration of wrongful-death claims – it only concludes that wrongful-death beneficiaries are not bound by agreements that are executed by the decedent, and nothing precludes those beneficiaries from entering into arbitration agreements. Furthermore, Ping does not have a “disproportionate impact” on arbitration agreements: Ping does not unfairly single out arbitration agreements in violation of the FAA – wrongful death beneficiaries are no more or less bound by a decedent’s agreement to arbitrate than they are by a decedent’s waiver of certain claims, selection of a forum to litigate disputes, or selection of the law governing an agreement (Ping is thus indifferent to arbitration).

The Kentucky Appellate Court stated that it did not find anything in the U.S. Supreme Court’s decision in Clark that would overturn the analysis set out by the Sixth Circuit Court of Appeals as concerns the viability of Ping, which correctly details the current law in Kentucky that wrongful death beneficiaries are not bound by agreements executed by a decedent.

Preferred Care Partners Management Group, L.P. v. Alexander, No. 2015-CA-000563-MR

If you or a loved one suffered injuries (or worse) while a resident of a nursing home in Kentucky or in another U.S. state due to nursing home neglect, nursing home negligence, or nursing home abuse, you should promptly contact a local nursing home claim lawyer in your U.S. state who may investigate your nursing home claim for you and represent you in a nursing home case, if appropriate.

Click here to visit our website to be connected with medical malpractice lawyers (nursing home claim lawyers) in your U.S. state who may assist you with your nursing home claim, or call us toll-free in the United States at 800-295-3959.

Turn to us when you don’t know where to turn.

https://www.medicalmalpracticelawyers.com/arbitration-agreements/kentucky-appellate-court-affirms-no-arbitration-nursing-home-wrongful-death-claim/

Kentucky Appellate Court Affirms No Arbitration For Nursing Home Wrongful Death Claim