MEDICAL MALPRACTICE LAWYER – BIRTH TRAUMA USE OF FORCEPS DURING DELIVERY – BRAIN DAMAGE
Settlement: $2,400,000 (present value) structured settlement
Settlement Apportionment: An upfront payment of $1,000,000 plus $6,160 per month for life (with a guaranteed 20 years), increasing 3% per year.
- Brain damage with right-side hemiparesis and mild mental retardation
- Encephalomalacia with enlargement of the left lateral ventricle, confirmed by MRI.
Facts: Pltf., age 19 at trial, suffered brain damage during his birth on 7/18/71. He claimed that Deft.’s physician improperly used Kielland forceps during a mid-forceps procedure for deep transverse arrest. Pltf. contended that the mid-forceps operation was contraindicated.
Demonstrative Evidence: Kielland forceps; fetal/pelvic model. Deft. had filed for bankruptcy in 1974 and did not produce hospital records for Pltf. or his mother. Pltf. produced a one-page summary sent by Deft. to a treating physician in April 1972 as proof that he and his mother were patients at Deft.’s facility in 1971.