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Robin Robertson, as parent of June Robertson v. John E. Steers, M.D. Circuit Court for Carroll County No. C96-22121 OC


Facts: Minor Plaintiff had been diagnosed with a left sided hernia and had been re- ferred to Dr. Steers for surgery. Dr. Steers contended that he found a hernia on the right side and performed surgery on the right side. Minor Plaintiff underwent a second surgery on the left side one month later with another surgeon and made a normal recovery.


Allegations of Liability: Dr. Steers mis- diagnosed the hernia’s location.


Injuries and Damages: Unnecessary first surgery, $2,017.00 medical bills.


Plaintiff’s Witnesses: Eugene Stevenson, M.D., (General Surgeon) Fairfax, VA


Defense Witnesses: John Laurence Hill, M.D. (General Surgeon) Baltimore, MD


Verdict/Settlement: $2,017.00 past medical expenses; $115,000.00 pain & suffering


Special Remarks: Trial judge granted Motion in Limine preventing Plaintiff from introducing evidence of Defendant’s failing Boards on four separate occasions as Defendant was not qualified by Defendant’s counsel to testify as an ex- pert.


Plaintiff ’s Counsel: Paul J. Weber (MTLA Member) Hyatt, Peters & We- ber, Annapolis, MD


Defense Counsel: Katherine Steiner, Whiteford, Taylor & Preston


________


Jane Doe v. Anonymous Hospital Circuit Court for Baltimore City


Facts: Plaintiff presented to hospital to give birth. Fetal monitoring revealed fe- tal distress.


Allegations of Liability: Failure to recog- nize fetal distress and failure to intervene.


Injuries and Damages: Death of child who lived for 2 hours after delivery.


Verdict/Settlement: $450,000.00


Plaintiff ’s Counsel: Paul J. Weber (MTLA Member) Hyatt, Peters & We- ber, Annapolis, MD


Fall 2001 Trial Reporter 35


Defense Counsel: Hogan & Hartson ________


John Doe v. Unidentified Doctor no. 1, Unidentified Doctor no. 2 and Unidenti- fied Medical Group Circuit Court of Maryland


Facts: Plaintiff involved in automobile accident in April, 1995. Thereafter, op- erated on by doctor no. 1 on lumbar area on 9/25/97, 12/17/97, 1/28/98, 9/28/98 and 4/21/99. Alleged that surgery not warranted plus overmedicated the nar- cotic drugs causing Plaintiff to become addicted.


Allegations of Liability: The Plaintiffs


contended that the obstetrician negli- gently failed to intervene in the labor and delivery at 9:15 am, and further con- tended that the nurse-midwife negligently failed to cut an episiotomy after diagnos- ing shoulder dystocia. The Plaintiffs also contended that the nurse-midwife applied excessive force in her attempts to deliver Skye, thereby causing the brachial plexus injury.


Verdict/Settlement: Settled after media- tion for $750,000 and confidentiality agreement.


Special Remarks: Claim also filed against


the other driver and settled prior to suit for policy limit of $100,000 and claim filed against first attorney who handled case and settled for $100,000. Legal ques- tion of effect prior settlements on ultimate exposure of defendants in malpractice action.


Plaintiff ’s Counsel: Kevin J. McCarthy, McCarthy & Costello (MTLA Member) Lanham, MD; John Adams, Adams Law Firm (MTLA Member) Waldorf, MD


________ Jane Doe v. ABC Hospital


Facts: Jane Doe was a 32-year-old Afri- can-American female, HIV+. She arrived by 911 medic at the emergency room of ABC Hospital one evening at 8:30 p.m. Upon her admission, her vital signs were grossly abnormal; her blood pressure was 85/44, pulse 105, and she had below nor- mal temperature of 96.6. She also indicated that she had complaints of vomiting blood and abdominal pain. Clearly, Jane Doe was severely hypotensive, and an asterisk was placed on the chart next to the initial blood pressure reading. Orthostatics were not checked by triage. Further indication that triage recognized that there was a severe problem with Jane Doe’s blood pressure is


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