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Recent Verdicts and Settlements (Continued from page 47)


sustaining a neck and spinal cord injury which has left him a permanent quadriple- gic.


Allegations of Liability: Had these De- fendants complied with the standards of care, the patient would have been ad- equately medicated, monitored and treated such that he would not have seized, fallen and injured himself.


Plaintiff ’s Expert(s): John Caronna, M.D. (Neurology), New York, NY; Samuel Potolicchio, M.D. (Neurology) Washington, D.C.; Eric Davis, M.D. (Emergency Medicine) Rochester, NY; Joseph Phillips, M.D. (Neurosurgery) Lebanon, NH; C. James Duke, M.D. (Physiatry) Silver Spring; Mona Yudkoff, R.N., M.P.H. (Life Care Planning) Bala Cynwood, PA; Jerome Staller, M.D. (Eco- nomics) Philadelphia, PA


Verdict/Settlement: $5,250,000 settle- ment


Plaintiff ’s Counsel: Jonathan Schochor (MTLA member) Schochor, Federico & Staton, Baltimore, MD; Philip C.


Federico (MTLA member) Schochor, Federico & Staton, Baltimore, MD


Defense Counsel: ________


Anonymous Plaintiffs v. Anonymous Defendant Hospital, et al. Circuit Court for Baltimore City


Facts: In 1987, the plaintiff came under the care of one of the defendant health care providers because she was pregnant. It is alleged that the pregnancy proceeded uneventfully until she began to gain a sig- nificant amount of weight and had fundal heights which were completely out of pro- portion with the progress of the pregnancy.


It is alleged that fundal


heights, measured in centimeters, should coincide with the number of weeks a fe- male is pregnant, so that at the conclusion of a 40-week gestational period, the fun- dal height is expected to be 40␣ cm. In this case, it is alleged that when the plain- tiff saw the defendant health care provider during her prenatal course, her fundal heights continued to grow completely out of proportion with the weeks of gestation. On April 6, 1988, the plaintiff pre- sented to a local hospital with complaints of preterm labor. At that time, hospital


personnel measured her fundal heights at 37 cm while the plaintiff was only ap- proximately 27 weeks pregnant. Obviously, the fundal heights were totally inconsistent with the duration of the preg- nancy.


It is asserted that these fundal


heights were indicative of multiple births, twins, which the defendant was obligated to rule out in conformity with the stan- dards of care. Had the defendant performed necessary tests and studies dur- ing the prenatal period, he would have learned that the plaintiff was, in fact, car- rying twins and not a single fetus. As a direct and proximate result of the


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defendant’s ongoing negligence, the plain- tiff presented to her local hospital with the fundal heights as described herein- above. Hospital personnel determined that they were unequipped to handle the plaintiff ’s preterm labor, and transferred her immediately to the defendant hospi- tal and the second defendant health care provider. It is asserted that the plaintiff arrived at the defendant hospital on the same date (April 6, 1988) at approximately 9:20 a.m. Accordingly, the plaintiff remained at the defendant hospital from April 6 at ap- proximately 9:20 a.m. until April 7 at 12:38␣ p.m. During this entire time, it is alleged that the defendant health care pro- vider continually failed to take steps necessary to diagnose the presence of the twins, and failed to even monitor the sec- ond twin who languished in utero during the entire course of the plaintiff’s admis- sion and labor. As a direct and proximate result of these defendants’ negligence, the plaintiff gave birth to the first twin, vaginally, on April 7, 1988, at 12:38 p.m. It was not until that time that the defendant health care provider belatedly discovered the ex- istence of the second twin and understood that a cesarean section was necessary be- cause of the second twin and his position. Because the second twin was negligently left to languish in an unmonitored state throughout the course of the labor, and further because the defendant negligently failed to birth the second twin timely, he suffered ongoing oxygen deprivation cul- minating hypoxic encephalopathy and other injuries and damages.


www.plaintiffstructuredsettlements.com 48 Trial Reporter


Injuries/Damages: It is asserted that as a result of the defendant’s negligence, the second twin was born in a severely de- pressed state with APGARS of 1 and 2. The infant plaintiff suffered an ongoing loss of oxygen to his brain rendering him permanently and irreversibly brain in- jured.


Summer 2002


It is asserted that the damage


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