A jury verdict in NY!
-
richinma2005
- Posts: 861
- Joined: Thu Sep 29, 2005 12:00 pm
- Injury Description, Date, extent, surgical intervention etc: Daughter Kailyn ROBPI, June 14, 1997.
Surgery with Dr Waters (BCH), April 1999 and in February 2012
2 more daughters, Julia (1999), Sarah(2002) born Cesarean.
A jury verdict in NY!
http://www.prweb.com/releases/2005/11/prweb312424.htm
Westchester, NY (PRWEB) November 22, 2005 -- On November 10, 2005, a Westchester County Jury awarded an infant-plaintiff $6.65 million dollars for an Erb’s Palsy injury suffered at birth. The infant-plaintiff, Kaquon Burch, was born on October 13, 1994 at New Rochelle Hospital.
The plaintiff alleged that the delivery was complicated by a shoulder Dystocia. During the delivery, the infant’s head delivered but his body did not immediately follow. Rather, his shoulder was impacted behind the mother’s symphisis pubis (top of pubic bone). The plaintiff alleged that, after being confronted with this complication, the defendant obstetrician failed to utilize accepted obstetrical maneuvers in an effort to relieve the impaction before completing the delivery, and instead utilized excessive traction (or pulling) on the infant’s head in an effort to extricate the infant from the mother’s birth canal. Consequently, it was alleged that the C-5 and C-6 nerves controlling the infant’s brachial plexus were torn, resulting in a permanent right arm palsy.
The defendant obstetrician denied that this was a complicated delivery, and denied the existence of a Shoulder Dystocia or that excessive traction was needed to effectuate this delivery. The obstetrician did not deny the existence of the brachial plexus palsy injury, but argued that the injury must have occurred in utero. The defendant’s expert pediatric neurologist contended that the injury was a mild Erb’s Palsy resulting in no appreciable limitation. Plaintiff’s expert contended that the injury, which included a 1.5cm arm shortening, was a mild-to-moderate Erb’s Palsy with consequent limitations in range of motion.
The jury, made up of four women and two men, unanimously determined that the defendant, had departed from good and accepted medical practice during this delivery. Furthermore, the jury determined that it was the defendant’s negligent delivery that resulted in the injuries alleged. The jury awarded the infant-plaintiff, Kaquon Burch, Six Hundred and Fifty Thousand Dollars ($650,000.00) in past pain and suffering and Six Million Dollars ($6,000,000.00) in future pain and suffering.
The trial took place in the Supreme Court State of New York County of Westchester before Hon. Nicholas Collabela. Index No.: 18388/04. Brandi Leonard as mother and natural guardian of Kaquon Burch v. Consuelo I. Rodriguez, M.D. and Soundshore Medical Center f/k/a New Rochelle Hospital.
The infant-plaintiff was represented by Jeffrey A. Guzman, a partner in the law firm Napoli, Bern, Krentsel & Guzman, LLP in Manhattan, New York.
Westchester, NY (PRWEB) November 22, 2005 -- On November 10, 2005, a Westchester County Jury awarded an infant-plaintiff $6.65 million dollars for an Erb’s Palsy injury suffered at birth. The infant-plaintiff, Kaquon Burch, was born on October 13, 1994 at New Rochelle Hospital.
The plaintiff alleged that the delivery was complicated by a shoulder Dystocia. During the delivery, the infant’s head delivered but his body did not immediately follow. Rather, his shoulder was impacted behind the mother’s symphisis pubis (top of pubic bone). The plaintiff alleged that, after being confronted with this complication, the defendant obstetrician failed to utilize accepted obstetrical maneuvers in an effort to relieve the impaction before completing the delivery, and instead utilized excessive traction (or pulling) on the infant’s head in an effort to extricate the infant from the mother’s birth canal. Consequently, it was alleged that the C-5 and C-6 nerves controlling the infant’s brachial plexus were torn, resulting in a permanent right arm palsy.
The defendant obstetrician denied that this was a complicated delivery, and denied the existence of a Shoulder Dystocia or that excessive traction was needed to effectuate this delivery. The obstetrician did not deny the existence of the brachial plexus palsy injury, but argued that the injury must have occurred in utero. The defendant’s expert pediatric neurologist contended that the injury was a mild Erb’s Palsy resulting in no appreciable limitation. Plaintiff’s expert contended that the injury, which included a 1.5cm arm shortening, was a mild-to-moderate Erb’s Palsy with consequent limitations in range of motion.
The jury, made up of four women and two men, unanimously determined that the defendant, had departed from good and accepted medical practice during this delivery. Furthermore, the jury determined that it was the defendant’s negligent delivery that resulted in the injuries alleged. The jury awarded the infant-plaintiff, Kaquon Burch, Six Hundred and Fifty Thousand Dollars ($650,000.00) in past pain and suffering and Six Million Dollars ($6,000,000.00) in future pain and suffering.
The trial took place in the Supreme Court State of New York County of Westchester before Hon. Nicholas Collabela. Index No.: 18388/04. Brandi Leonard as mother and natural guardian of Kaquon Burch v. Consuelo I. Rodriguez, M.D. and Soundshore Medical Center f/k/a New Rochelle Hospital.
The infant-plaintiff was represented by Jeffrey A. Guzman, a partner in the law firm Napoli, Bern, Krentsel & Guzman, LLP in Manhattan, New York.
-
admin
- Site Admin
- Posts: 19873
- Joined: Mon Nov 16, 2009 9:59 pm
Re: A jury verdict in NY!
Hooray!!! Make 'em PAY!! Thanks for the article Rich!!
-
momofnickelman
- Posts: 223
- Joined: Mon Aug 12, 2002 11:44 am
Re: A jury verdict in NY!
Wow! I knew we lived in the wrong state!
-
momofnickelman
- Posts: 223
- Joined: Mon Aug 12, 2002 11:44 am
Re: A jury verdict in NY!
I forgot to say congratulation to the child and his family!
-
admin
- Site Admin
- Posts: 19873
- Joined: Mon Nov 16, 2009 9:59 pm
Re: A jury verdict in NY!
great article! The only downside is thedefense will appeal
-
tylergsmom
- Posts: 282
- Joined: Thu Jan 29, 2004 6:56 pm
- Injury Description, Date, extent, surgical intervention etc: Hi! I am Laura, the mom of Tyler, who has a ROBPI. I've been a member of this site since 1998 and owe a great deal to the wonderful people in the UBPN community who have helped us along the way get what we needed to get done for Tyler. Tyler is now 14 years old and in the 9th grade. He's a super bright kid and loves his video games. Tyler had the mod quad surgery with Dr. Shenaq shortly before he passed. That was his first and only surgery. Now that he is older he is requesting additional surgery. He'd like to be able to supinate. Our goal is for Summer 2013.
- Location: Gulf Breeze, FL
Re: A jury verdict in NY!
Dang that's a lot of money! I'm sure they are thrilled to death to finally have the trial done and over with. Congrats to the Burch family for fighting!
Laura LeNoir, Mom of Tyler, Age 14, ROBPI
-
momof2gr8kids
- Posts: 40
- Joined: Fri Sep 30, 2005 2:28 pm
Re: A jury verdict in NY!
i just read it and WOW we should all be so lucky..I hope this will bring BPI more into the light of the public.
-
admin
- Site Admin
- Posts: 19873
- Joined: Mon Nov 16, 2009 9:59 pm
Re: A jury verdict in NY!
Please understand that the family will have to go thru atleast 3 more years of fighting for that money . The defense will appeal. And somewhere in the middle they will settle and not for 6mil probably around 750,000.
The defense has a right to appeal and depending on how bad the family needs the money they will settle.
I am sure Rich will back me on this and the final money will probably be 10 to 20% of that. If the family decides to fight all the way they will either get the full amount in 5 to 10 years or not get anything.
So please becareful and ask your attorneys about this subject. That is an incredible amount of money for c5, c6 tears.
It is one of the highest I have heard of besides the one in Illinois for 20 mil
The defense has a right to appeal and depending on how bad the family needs the money they will settle.
I am sure Rich will back me on this and the final money will probably be 10 to 20% of that. If the family decides to fight all the way they will either get the full amount in 5 to 10 years or not get anything.
So please becareful and ask your attorneys about this subject. That is an incredible amount of money for c5, c6 tears.
It is one of the highest I have heard of besides the one in Illinois for 20 mil
Re: A jury verdict in NY!
I have dicussed several cases with my attorney that I have found on the internet and I will bet this one will be appealed. I hope not but I think so.
So please you all that think you might get anywhere near this type of a payment dont. The defense will generally appeal and if they do win they wont see this amount for several years.
I wish them the best however from what I know I dont think so.
Look up a case in illinois that they won 20 million. You will see they settled out of court for alot less.
So please you all that think you might get anywhere near this type of a payment dont. The defense will generally appeal and if they do win they wont see this amount for several years.
I wish them the best however from what I know I dont think so.
Look up a case in illinois that they won 20 million. You will see they settled out of court for alot less.
-
admin
- Site Admin
- Posts: 19873
- Joined: Mon Nov 16, 2009 9:59 pm
Re: A jury verdict in NY!
Most cases that win will be appealed by the defense. It isn't anything unusual at all. I guess it's more expected than unexpected. Especially when the amount is very high. No matter what, it is a huge win when the doctor was found guilty at the trial. If they do get into an appeal, I hope for the best possible outcome.
~Krista~
~Krista~
