VERDICT/SETTLEMENT

Facts/Liability:

This is a medical negligence claim arising out of the medical care and treatment that a minor plaintiff received in the days following his delivery at a hospital. Following the birth of the minor plaintiff, the defendant, acting through its student nurse and other medical staff, failed to properly monitor and evaluate the minor plaintiff and his condition, failed to recognize and respond to signs of neonatal distress, including respiratory distress, failed to diagnose and treat his medical condition, and otherwise failed to exercise due care. As a direct result of these failures, the minor plaintiff suffered profound and prolonged oxygen deprivation which caused a permanent anoxic brain injury, other injuries and impairments. Suit was filed against the defendant nursing school and the defendant hospital.

Defense:  Counsel for the defendant nursing school argued that they were protected by the nonprofit immunity statute, Good Samaritan Statute, and that a nursing student could not form a nurse-patient relationship. Both defendants made general denials of negligence and assertions that all care provided fell within acceptable medical standards.

Injuries:  The defendant’s negligent acts caused the minor plaintiff and his parents to incur substantial medical and hospital expenses, therapy expenses, and other extraordinary expenses, and have caused the minor plaintiff ongoing physical pain, emotional suffering, loss of earning capacity, and loss of enjoyment of life. The parents of the minor plaintiff have a claim for Negligent Infliction of Emotional Distress for contemporaneously perceiving the suffering of and damage to their son, and they have suffered, and will continue to suffer, severe emotional distress manifested by physical symptoms due to their son’s permanent injuries.

Specials:

Medical Expenses:                                                      $          208,694.66

Estimated Future Life Care Needs and Lost Wages:  $     19,409,828.00 – 28,867,888.00

Total Special Damages:                                               $     19,618,522.66 – 29,076,582.66

Verdict/Settlement: The parties reached a settlement after suit was filed but prior to trial for a confidential amount.

Plaintiff’s Counsel (please include name and firm):

Mark A.  Abramson , Esquire; Kevin F. Dugan, Esquire; Jared R. Green, Esquire; Holly B. Haines, Esquire; Firm:  Abramson , Brown & Dugan