Experienced Massachusetts Attorneys

Case Results

  • $39.7 Million
    Birth Injury

    A Boston jury awarded $26.5 million to a young boy who suffered profound brain damage due to a lack of oxygen during his labor. Fetal testing before admission had been entirely normal, and the mother was admitted for induction of labor due to worsening hypertension. The fetal heart tracings were normal on admission, but over the next 24 hours showed increasingly worrisome abnormalities. When he was finally delivered by a different obstetrician several hours later, he was severely depressed and had Apgar scores of 6 and 7. He developed apnea and seizures in the neonatal intensive care nursery and a CT scan the day after birth showed extensive brain swelling. At the time of trial, the boy was 10 years old and had been diagnosed with severe cerebral palsy. He is legally blind, fed through a tube, cannot talk, and has minimal voluntary movements. He requires total care, which is provided by his parents.

    After two and a half days of deliberation, the jury found the two residents liable for the child’s brain injury. The jury awarded a total of $26.5 million, including $9.5 million for pain and suffering, $2 million for loss of earning capacity, and $15 million for future medical expenses. The award, which stands as the largest malpractice verdict in Massachusetts, totaled approximately $39.7 million with interest.

  • $9 Million
    Failure to Diagnose Impending Stroke
    A 40-year-old man who requires aid cannot speak and requires 24-hour care will receive a $9,000,000 settlement to help pay his medical expenses over his remaining lifetime. The man went to the emergency department on a Saturday afternoon complaining of vague neurologic symptoms, including numbness, difficulty swallowing, and slurred speech. He was admitted to the hospital, where he remained with intermittent symptoms over the next five days. He was seen by multiple doctors, who failed to pursue a diagnosis of stroke, and eventually decided that the man had a psychosomatic illness. Several brain imaging studies were read as negative, although they showed signs of vertebral artery occlusion. Eventually, the man lost consciousness and stopped breathing, at which time a diagnosis of vertebrobasilar stroke was made. He survived but suffers from “locked-in” syndrome, which leaves him with normal cognitive function, but quadriplegic and unable to eat or speak. There was a serious medical dispute about whether the stroke could have been successfully treated, even if diagnosed earlier.
  • $7.5 Million
    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 a 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 advanced 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.
  • $7.2 Million
    $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 North Shore 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 a lack of oxygen. She suffers from a seizure disorder, requires tube feeding, and has the mental and physical abilities of an infant.
  • $7.2 Million
    $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 North Shore 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 a lack of oxygen. She suffers from a seizure disorder, requires tube feeding, and has the mental and physical abilities of an infant.
  • $5 Million
    $5 Million Settlement for Paralysis and Death
    After four days of jury selection, Crowe & Mulvey, LLP negotiated a settlement of $5 million for the family of a 76-year-old physician who was paralyzed after complicated two-stage spinal surgery. Multiple defendants, including the orthopedic surgeon, the anesthesia team, and the neuromonitoring company, all contributed to the settlement. The claim alleged that the patient’s blood pressure had dropped to dangerous levels for prolonged periods during the surgery and that the surgeon and anesthesia teams had failed to correct the blood pressure. The claim further alleged that the neuromonitoring company used improper monitoring modalities, and therefore failed to recognize the impending paralysis. The patient died approximately two years later of renal failure. He left his wife of 40 years and two adult sons.

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