A Boston jury awarded $1.4 million to the husband and son of a 54-year-old woman who died about twelve hours after being given too much fluid. The defendant doctors had been trying to correct the woman's anemia by giving her blood transfusions, but had failed to recognize that her kidney condition made her unable to tolerate such a large quantity of fluids. The couple had come to the United States from Shanghai several years earlier. Their son had been unable to get a visa to visit his parents until after his mother died, when he was permitted to come for her funeral.

Adult Internal Medicine - $2 million Rhode Island verdict plus interest for death of hospitalized patient from dehydration

A Providence jury awarded the widow of a 66-year-old Rhode Island man $2 million plus interest, the largest personal injury award in the state for the year. The man had been admitted to the hospital with knee pain. Despite the defendant doctor's stated intention to transfer the patient to a more appropriate specialist, he failed to do so, and instead, continued to note his patient's deteriorating condition. Within a week of admission, the man developed kidney failure and systemic infection, lapsed into a coma, and died three days later. He and his wife had been married for 42 years.

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Adult Internal Medicine/Hematology - $1 million settlement for death of woman from thrombocytopenia

The family of a 41-year-old woman who died from an abnormal bleeding condition, thrombocytopenia, has received a $1 million settlement from her physicians. The woman, who had a history of anemia, had repeated low blood counts over a period of nearly one year. The physicians following her noted these low counts, but failed to order further testing, and failed to order blood filtering treatment which would have stopped the on-going destruction of red blood cells in her system. As a result of her abnormal blood condition, she suffered multiple hemorrhages and clots, which caused her death. She left a husband and an adult son.

Anesthesia - $1 million settlement for brain injury due to lack of oxygen

A 60-year-old woman who suffered a serious brain injury after entering the hospital for a routine D&C has received a settlement of $1 million, the full amount of the anesthesiologist's insurance coverage. On pre-operative review by the anesthesiologist, she was noted to have a short, thick neck, which might be anticipated to make anesthesia difficult. In fact, after administering initial sedating and paralyzing medications, the anesthesiologist was unable to oxygenate the woman due to difficulties with intubation. She then went for nearly 20 minutes before an adequate airway was finally established by tracheostomy. At the time of settlement, she remained in a coma and required full custodial care.

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Breast Cancer - $1.5 million settlement for delay in diagnosing breast cancer

A 46-year-old woman and her family received a settlement of $1.5 million from two physicians who failed to diagnose her breast cancer at a curable stage. She consulted her gynecologist about a lump she had found in her breast. Despite ultrasound findings documenting solid densities, suggestive of cancer, the defendant doctor failed to biopsy the lump to rule out malignancy. When she transferred her care to a second gynecologist, she was referred to a surgeon, who decided against a biopsy of the continuing breast mass. A year later, she was diagnosed with metastatic breast cancer, and her prognosis at the time of settlement was poor.

Breast Cancer - $3.6 million verdict plus interest for delay in diagnosing breast cancer

A Boston jury awarded $3.6 million to the family of a 54-year-old woman who died following a two-year delay in the diagnosis of her breast cancer. For more than two years, the woman's gynecologist had dismissed a thickened area in her breast as benign fibrocystic disease. Despite the palpable abnormality in her breast, he relied on a negative mammogram—which has a known error rate of 10-20%--to rule out breast cancer. By the time the mass was finally biopsied, the cancer had become incurable, spreading to the woman's lungs and brain. She left a husband and five children.

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Cervical Cancer - $1.2 million for misread Pap smear

The family of a 37-year-old woman who died from cervical cancer has received a $1.2 million settlement from the technicians who incorrectly reported the results of her Pap smears. The woman had regular Pap smears in two successive years, which were read by technicians, not pathologists, in accordance with the hospital's standard practice. The first technician failed to recognize and report the presence of abnormal, pre-cancerous cells, while the second technician a year later failed to note that the smear was inadequate for reading. As a result, there was a two-and-a-half-year delay in the diagnosis of her cervical cancer, by which time this very curable disease had become incurable. She died shortly after her diagnosis, leaving her husband and a young daughter.

Colon Cancer - $1 million for delay in diagnosing colon cancer

The family of a 42-year-old man has received a settlement of $1 million—the defendant doctor's entire insurance policy—as a result of his preventable death from colon cancer. The man had routine stool testing which showed microscopic blood—a potential sign of colon cancer. The physician filed the test report, and failed to report it to the patient for more than six months. When complaints of abdominal pain and diarrhea finally brought the patient to another doctor, the report finally surfaced, but the cancer had spread to an advanced stage and become incurable. He left a wife and two young children.

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Emergency Medicine - $1.5 million New Hampshire settlement for delay in diagnosing stroke

A 41-year-old woman has received a $1.5 million settlement from two doctors who failed to diagnose an impending stroke. The woman had come to the emergency room complaining of facial weakness, drooling, and tingling in her thumb. A MRI was read by the defendant radiologist as showing findings consistent with multiple sclerosis. He omitted any mention of findings suggestive of blocked carotid arteries. The defendant neurologist followed the woman in his office for approximately six weeks, noting progressive left-sided weakness. She was eventually found unresponsive at home and diagnosed has having had a carotid artery stroke. She regained full mental function, but has significant physical disabilities. The case was settled during the third week of trial.

Emergency Medicine - $3.25 million settlement for misdiagnosis of head trauma

The family of a 15-year-old boy received a settlement of $3.25 million from an emergency room doctor and nurse who failed to recognize that he had suffered serious head trauma. The boy's parents brought him to the emergency room after he had been attacked by some other boys on the street. Medical history of a clotting disorder, given to the nurse, was not properly transmitted to the physician, and the boy was discharged with instructions to see a dentist. Despite complaints of headache, fatigue and vomiting that should have alerted the staff to a possible head injury, no x-ray studies were done. The boy later collapsed and become unresponsive at home, and a brain bleed was diagnosed. He suffered permanent neurologic disabilities.

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Erbs Palsy - $962,500 settlement for Erb's Palsy due to Shoulder Dystocia.

The family of a young New Hampshire boy who sustained a severe brachial plexus injury due to a shoulder dystocia encountered at birth has received a $962,500 settlement for their claims against the obstetric staff that managed the boy's mother's pregnancy and delivery. The mother had numerous risk factors for shoulder dystocia yet was not offered an option for a Cesarean Section during her pregnancy. While in labor, there were further clincal signs that the baby was too large to fit through the birth canal, yet her obstetrical staff failed to perform a Cesarean Section. During the delivery, the baby's shoulders became stuck in the birth canal resulting in a severe and permanent brachial plexus injury.

Erbs Palsy - $2.4 million New Hampshire verdict plus interest for arm injury due to excessive traction at birth

A Rockingham County jury awarded $2.4 million to a 6-year-old boy who lost significant use of his right arm and shoulder due to excessive traction by the obstetrician at the time of his birth. The boy suffers from Erbs palsy, a permanent nerve injury to the brachial plexus, which makes him unable to raise his arm above his shoulder. The award included more than $1 million for loss of earning capacity, based on future limitations of his career choices.

Erbs Palsy - $2.7 million New Hampshire verdict plus interest for arm injury due to excessive traction at birth

A Manchester jury returned a verdict of $2.7 million against a local obstetrician who was found to have caused a permanent arm injury during a delivery. When the infant's shoulder became impacted and failed to deliver, the obstetrician used excessive force to pull the shoulder free, damaging nerves that control the arm and hand. The boy, who was five at the time of trial, was unable to rotate his wrist, and had poor fine motor control of the affected hand, making him unable to manipulate small objects. The limited motion of the arm also affected his balance, causing frequent falls.

Erbs Palsy - $1.5 million verdict plus interest for arm injury due to excessive traction at birth

A Suffolk Country jury returned a $1.5 million verdict, including interest, in favor of a three-year-old girl who suffered a serious arm injury during her birth. The girl, who weighed more than ten pounds at birth, became stuck as she proceeded down the birth canal. Instead of delivering the infant by Cesarean section, the obstetricians administered a drug to force labor, and then completed the delivery with traction on the baby's head. The result was a permanent brachial plexus injury, which limited the girl's ability to use her arm, and caused the arm to be cosmetically deformed.

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Infectious Disease - $1.5 million for family of pregnant woman who died from chicken pox

The four children of a 31-year-old woman who died after delivering the youngest of them will share a $1.5 million settlement from two doctors who failed to diagnose and treat her chicken pox. The woman was pregnant with her fourth child when she was exposed to chicken pox. The obstetrician and the infectious disease specialist he consulted failed to determine whether she was immune to the infection or to administer medication to prevent her from developing a serious case of the virus. She went on to develop varicella pneumonia, a severe complication of chicken pox that sometimes occurs during pregnancy, and died of respiratory failure.

Infectious Disease/Obstetrics - $2.4 million settlement for failure to diagnose post-Cesarean infection

A 24-year-old woman who suffered the loss of most of her intestines settled her claims against her physicians for $2.4 million. The woman developed a post-operative infection after delivering her first child by Cesarean section. The infection was not diagnosed until ten days later, when it had spread to her blood stream and caused respiratory failure. Treatment of the widespread infection required surgery to remove her reproductive organs and most of her intestines, leaving her unable to digest food. She will require permanent hyperalimentation, a method of delivering nutrients intravenously through a catheter inserted in her chest.

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Obstetrics - $3.6 Million settlement for brain injured child.

The family of a New Hampshire 6 year old girl has received a $3.6 Million in settlement for their claims against the obstetrical staff who managed the child's labor and delivery. The staff failed to respond to escalating signs of fetal distress during the labor resulting in the child being born with severe and permanent developmental delays.

Obstetrics - $1.6 Million settlement for deaths of mother and child from pre-eclampsia and HELLP Syndrome.

A New Hampshire newborn baby and his mother died due to pre-eclampsia and HELLP Syndrome that went undiagnosed and untreated. The decedent mother called her family practitioner complaining of signs and symptoms of HELLP Syndrome. The doctor failed to recognize the clincial significance of the mother's high blood pressure and failed to explain to the patient that her condition was life-threatening. As a result, the mother did not receive the urgent medical care she needed directly causing her to sustain numerous seizures and death. Her newborn baby died days later from complications relating to the HELLP Syndrome.

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Obstetrics - $750,000 settlement for brain injured 2nd twin

A New Hampshire boy has received a $750,000 settlement for injuries he received due to trauma during birth. The boy's mother entered the hospital in premature labor at just 29 weeks with twins. Despite being in premature labor, the obstetrical staff failed to perform close and continuous monitoring of the babies and failed to recognize signs of fetal distress. The obstetrical staff further decided not to perform a Cesarean Section for the twin who was known to be breach. As a result, the 2nd twin was forced to undergo a traumatic vaginal delivery resulting in severe and permanent neurological injuries.

Obstetrics - $1.2 million verdict for death of newborn infant

A Plymouth County jury awarded a verdict of $1.2 million, including interest, to a woman whose three-day-old infant died of complications related to delivery. She had been admitted to the hospital in the early evening for the planned Cesarean section delivery of her fourth child the next morning. Despite multiple warning signs that the baby was in distress throughout the night, the obstetrician decided to wait until the regularly scheduled morning surgery to deliver the baby. By that time, the baby girl had suffered complications due to lack of oxygen and aspiration of meconium into her lungs. She died of respiratory failure three days later.

Obstetrics - $2.4 million settlement for brain injured child

A 5-year-old boy who is unable to walk, talk or sit by himself has received a $2.4 million settlement from the obstetrician who failed to respond to abnormal testing during his mother's pregnancy. The boy's mother, who was a patient at a local HMO, called the HMO to report a decrease in fetal movement. She was told to come to the hospital for non-stress testing, which showed abnormalities. The defendant discharged her after the testing, without ordering further testing or delivering the baby. The next day, when the mother returned for a regularly scheduled ultrasound, the baby's condition had deteriorated significantly, and he was delivered by emergency Cesarean section. He suffered permanent neurologic injuries due to the delay in delivering him after the abnormal test results.

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Obstetrics - $1.55 million Rhode Island settlement for developmental delays

A Rhode Island boy has received a settlement of $1.55 million for injuries he suffered as a result of oxygen deprivation at birth. The boy's mother entered in the hospital in premature labor at 30 weeks' gestation. Although this was a high-risk delivery, she was treated mostly by obstetric residents in training. The baby began to exhibit signs of reduced oxygenation. After some delay in recognizing the signs, the doctors performed a difficult mid-forceps delivery, further injuring the baby's brain, instead of a Cesarean section delivery. The boy, who was 9 years old at the time of settlement, walks with a pronounced limp and has severe learning disabilities.

Obstetrics - $4.4 million settlement for brain injured child

The family of a 6-year-old Springfield boy has received $4.4 million in settlement of its claims against the obstetric staff who managed the child's delivery. The staff failed to respond to escalating signs of fetal distress during labor and delivery, resulting in severe oxygen deprivation. This continued for several hours, before another physician arrived and decided that an emergency Cesarean section was necessary. The baby suffered a brain hemorrhage and swelling, which caused permanent neurologic impairments. The boy lives at home with the aid of a ventilator and a tracheostomy.

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Obstetrics - $1.4 million New Hampshire settlement for brain injured child

The family of a four-year-old New Hampshire boy has received a $1.4 million settlement to help provide care the boy needs as a result of a brain injury suffered a birth. The boy's mother had called the defendant obstetrician's office to report that she had not felt the baby move since the previous day, a potential warning sign of problems with the baby. She was told to keep her appointment the next day. When she did so, the defendant doctor failed to order testing to determine whether the baby was in distress. She was seen again the next day, and again the doctor ordered no testing. Four days after the mother's initial complaint, the doctor ordered non-stress testing, which showed serious abnormalities in the baby's heart rate. The infant was delivered by Cesarean section, but had suffered a brain injury due to lack of oxygen. He was significant mental and physical delays, and had to have his right forearm amputated because of the lack of blood flow to the limb.

Obstetrics - $7.2 million verdict plus interest for brain-injured child

An Essex County jury has awarded a verdict of $7.2 million, including interest, to a severely brain-damaged seven-year-old girl and her parents. The girl's mother entered the hospital shortly after midnight, in labor with her third child. The defendant obstetrician was informed by the nurse on duty of abnormalities in the baby's heart rate and meconium in the amniotic fluid, both suggestive of a baby in distress. He declined to come to the hospital, and in fact, ordered the heart monitor removed. When he finally saw the patient at 7 a.m., the baby's condition had significantly deteriorated. He failed to respond to continued signs of distress, and turned the mother's care over to a covering physician. The covering physician ordered testing to confirm the distress, and then delivered the baby by emergency Cesarean section. By that time, the girl had suffered severe brain damage due to lack of oxygen. She suffers from a seizure disorder, requires tube feeding, and has the mental and physical abilities of an infant.

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Pediatrics - $1.25 million settlement for misdiagnosis of spinal infection

An 18-year-old girl, paralyzed when she was 9 years old, has received a $1.25 million settlement from physicians who failed to follow up on a throat culture that showed strep. The girl's mother took her to the hospital emergency room complaining of a sore throat. A throat culture showed strep, but was misfiled, and not reported to the family. A week later, the girl woke up and was unable to walk. Her mother took her back to the emergency room, where it took the physicians all day to make the diagnosis of a spinal abscess, an infection that had entered the bloodstream and spread from the strep throat. She underwent emergency surgery to drain the abscess. With hard work and extensive physical therapy, she recovered some function in her legs, and now walks with crutches.

Pediatrics - $2.2 million settlement for amputations of hands and feet

The insurance carriers for an attending physician and the resident she was supposed to be supervising have paid $2.2 million, the full amount of coverage available, to a child who lost portions of her hands and feet as a result of an improper blood transfusion. The child, who was eleven months old at the time of treatment, entered the hospital for drainage of an abscess on her neck. Because she had sickle cell anemia, it was anticipated that she would need a transfusion of extra red cells before the surgery. The first-year resident, who had never done this type of transfusion, called the attending physician at home to ask how to do it. The attending told the resident to look in a handbook for the formula, and the resident, attempting to follow these directions, chose and used the wrong formula, resulting in a drainage of 80% of the baby's blood from her body. She suffered tissue damage to her extremities as a result of lack of blood flow, and required multiple amputations.

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Urology/Obstetrics - $1.8 million settlement for urinary infection resulting in premature delivery of twins

The mother of twins, one of whom died shortly after delivery, and the other who suffered developmental delays, has received a $1.8 million settlement from the doctors involved in her care. The mother developed a fistula as a result of improper suture placement at the time of an earlier Cesarean section delivery. After the delivery, she began to leak urine from her bladder through the fistula into the vagina. Multiple physicians failed to investigate or locate the cause of the leakage. When the mother became pregnant again, the leaking urine caused a uterine infection and resulted in premature labor and delivery of twin girls. One of the twins died two weeks later, and the other suffers from cerebral palsy and other medical problems related to her premature birth.

Urology - $7.5 million verdict plus interest for delay in diagnosing bladder cancer

A Cambridge jury awarded $7.5 million, including interest, to a 48-year-old man who lost his bladder and developed impotence as a result of delay in the diagnosis of his bladder cancer. The man had been seeing a urologist for more than a year for problems with urinary frequency, burning and discharge. Repeated treatment with antibiotics would reduce his symptoms, but not eliminate them. The urologist never performed any diagnostic testing to check for cancer. The man eventually sought a second opinion from another urologist, who immediately diagnosed advance bladder cancer. Treatment was surgical removal of the bladder, and the man must now catheterize himself several times daily to eliminate urine. He has suffered embarrassing leakage around the catheter site, problems with sexual function, and may require dialysis in the future.

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OTHER PERSONAL INJURY

Construction Site Injury - $1 million verdict plus interest for ironworker injured in building collapse

A 54-year-old ironworker was awarded $1,000,000 plus interest by a Middlesex County jury for back injuries he suffered when he fell from a steel frame that collapsed. A subcontractor on the site had placed several bundles of wire mesh on the second floor of the steel beams, which had not yet been secured in place. While the ironworker was laying plywood in preparation for the next stage of construction, the girders collapsed and he fell ten feet to the ground. He suffered a back injury which could not be treated surgically, and was unable to continue his career as an ironworker, the only job he had ever held.

Defective Car Seat - $2.2 million verdict plus interest for child injured by defective car seat

An Attleboro girl who suffered a closed head injury when her car-seat latch opened in an auto accident has been awarded $2.2 million by a Bristol County jury. The girl, now five years old, was thrown from her car seat in a low-speed collision when the latch, and required surgery to implant a permanent drainage tube in her skull. The car seat had been the subject of 129 consumer complaints before the accident, but the company had failed to recall the model or provide a warning sticker that would indicate when the latch was securely fastened. The company later discontinued the model.

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Defective Construction Machine - $800,000 verdict for construction worker who suffered closed head injury

A federal court jury in Worcester has awarded $800,000 to a construction worker who suffered a closed head injury when he was struck by a steel reinforcing rod that was thrown up at him by the machine he was operating. The 33-year-old worker was using a concrete cutter to demolish a bridge, when the steel-toothed cutting wheel became caught on some of the steel bars underneath the road surface. One of the rods was snapped back toward the operator, who was sitting on an open seat near the front of the machine. The jury found that the machine was defectively designed in that it failed to provide a steel safety enclosure for the operator. The manufacturer had tested and investigated this type of cage, but had felt it was too expensive.

Propane Stove Explosion - $1.625 million settlement for death of wife and burn injuries to husband

A man who lost his wife and suffered burns over 20% of his body has received $1.625 million in settlement of his claims. The couple, in their sixties, were staying in a trailer owned by their daughter and her husband. When the wife turned on the propane stove to make breakfast, there was an explosion that engulfed the trailer in flames, killing the woman and severely burning her husband. The claim was that the propane tank had been overfilled, and had leaked gas into the stove and trailer, both of which lacked safety devices which would have prevented and detected the leaks. The manufacturer of the trailer, the manufacturer of the stove, and the gas station owner who filled the propane tank all contributed to the settlement.

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Premises Liability - $750,000 settlement for toddler killed by neighbor's falling tree

The parents of a two-year-old boy who was killed when he was struck by a falling tree have received a settlement of $750,000. The boy, who was in the care of a neighbor who ran a day care center, was riding his Big Wheel in the neighbor's driveway. A large tree suddenly fell directly onto the toddler, crushing him and killing him instantly. There was a dispute about whether the neighbor or the town owned the land on which the tree was located and had responsibility for its maintenance. Both the town and the neughbor contributed to the settlement.

School Safety - $600,000 settlement for special needs child killed by improper use of restraint in school

The family of a 9-year-old special needs boy has received $600,000 in settlement of their claims against the residential school where he died. The boy, who suffered from a form of autism, had serious behavioral difficulties, and attended a residential school five days a week. He became unruly and uncontrollable while being walked to a bus for the trip from the classroom to the residence. The staff physically restrained him to control his behavior, and he suddenly stopped breathing and died. The plaintiff claimed that the staff had been improperly trained in the use of physical restraint for autistic children.

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