MEDICAL MALPRACTICE. $______ TOTAL RECOVERY - MEDICAL MALPRACTICE - OB/GYN - FAILURE TO ORDER TIMELY C-SECTION FOR HIGH RISK MOTHER - CEREBRAL PALSY - DEVELOPMENTAL DELAYS.

Pages23-24
Attorney for plaintiff: Wendy B. Kahn and Thomas M.
Kiley of Kiley Law Group in Andover, MA.
$2,200,000 CONFIDENTIAL RECOVERY - MEDICAL MALPRACTICE - RADIOLOGY
NEGLIGENCE - FAILURE TO RECOMMEND BIOPSY FOR ABNORMAL LYMPH NODE
LUMP - FAILURE TO DIAGNOSE BREAST CANCER - WRONGFUL DEATH OF 58-YEAR-
OLD.
Withheld County, MA
In this medical malpractice matter, the plaintiff
alleged that the defendant radiologist was
negligent in failing to recommend a biopsy for an
abnormal lymph node which resulted in the
delayed diagnosis of breast cancer. The plaintiff’s
decedent died as a result of metastatic breast
cancer five years later. The defendant denied the
allegations and disputed causation and damages.
The parties submitted the matter to arbitration. Upon
the finding of liability by the arbitrator, the parties
agreed upon a confidential settlement of $2,200,000
to resolve the plaintiff’s claims.
REFERENCE
Plaintiff Estate of Decedent vs. Defendant Radiolo-
gist., 10-15-13.
Attorney for plaintiff: Max Borten and Sidney
Gorovitz of Gorovitz & Borten in Waltham, MA.
$1,610,000 VERDICT - MEDICAL MALPRACTICE - ORTHOPEDICS - DEFENDANTS FAIL
TO OBSERVE PLAINTIFF AFTER ROUTINE ARTHROPLASTY SURGERY TO REPAIR
GLENOHUMERAL ARTHRITIS IN SHOULDER - ARM INJURIES.
Harris County, TX
The plaintiff brought this medical malpractice
lawsuit against the defendant physician for failure
to detect and correct a vascular injury during
surgery. The defendant hospital’s staff failed to
properly observe the plaintiff after surgery to
determine that there was a problem with his arm
and failed to properly communicate the status of
the plaintiff to defendant physician. Because of
the negligent acts of defendant physician and
defendant hospital’s staff in the follow-up care of
the plaintiff after surgery, the plaintiff suffered
permanent injuries to his arm. The defendants
denied the plaintiff’s allegations.
On February 29, 2012, the plaintiff dismissed defen-
dant physician and defendant orthopedic institute af-
ter settlement. The jury returned a verdict in favor of
the plaintiff for a total of $1,610,000 ($305,000 for fu-
ture medical cost; $50,000 for past physical impair-
ment; $100,000 for future physical impairment;
$25,000 for past disfigurement; $150,000 for future
disfigurement; $175,000 for future loss of household
services; $130,000 past physical pain and mental an-
guish; $225,000 for future physical pain and mental
anguish; and $450,000 for future lost earning
capacity).
REFERENCE
Jay Houston vs. Marston S. Holt, M.D., All American Or-
thopedic and Sports Medicine Institute, PLLC., Christus
Health Gulf Coast, d/b/a Christus St. John Hospital.
Case no. 201101306; Judge Jeff Shadwick, 02-13-14.
Attorneys for plaintiff: David W. Hodges & Gabriel A.
Assaad of Kennedy Hodges, LLP in Houston, TX.
Attorneys for defendant: Erin E. Lunceford & J.
Shannon Cavers of Sprott, Rigby, Newsom, Robbins
& Lunceford in Houston, TX.
$1,025,000 TOTAL RECOVERY - MEDICAL MALPRACTICE - OB/GYN - FAILURE TO
ORDER TIMELY C-SECTION FOR HIGH RISK MOTHER - CEREBRAL PALSY -
DEVELOPMENTAL DELAYS.
Monmouth County, NJ
This was an obstetrical malpractice action
involving a mother who was at risk because of a
low level of amniotic fluid and at further risk
because she was one week post-term. The
plaintiff contended that shortly after she was
attached to the fetal monitor, signs of fetal
distress were evident on the monitor and that the
defendant ob/gyn should have ordered an
immediate C-section. The plaintiff also named the
hospital as a defendant. The plaintiff contended
that the hospital, a tertiary care center, should
have been able to perform the C-section within 30
minutes and contended that it negligently took 40
minutes. The plaintiff maintained that that the
defendant’s delay resulted in the occurrence of
ischemic encephalopathy, causing mild cerebral
palsy and very significant developmental delays in
which the child will never progress beyond the
approximate sixth grade level. The defendant
SUPPLEMENTAL VERDICT DIGEST 23
New York Jury Verdict Review & Analysis
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