$4.3 Million recovery for family of brain-damaged infant for failure of obstetrician to perform procedure to repair cervix

December, 2001

In a confidential settlement arrived at after jury selection, Feldman Shepherd attorneys Carol Nelson Shepherd and Daniel J. Mann secured a $4.3 million for a brain-damaged youngster and his family in an obstetrical malpractice case.

In this case, the child’s mother developed an “incompetent” (or weakened) cervix during pregnancy. Although her physicians recognized that the cervix was shortened, and would likely cause the premature birth of her child, the physicians neglected to perform a procedure known as a cerclage, which would increase the likelihood of the cervix remaining closed. As a result of this failure, the infant was delivered extremely prematurely (27 weeks instead of 40 weeks), with severe brain damage.

Because of Ms. Shepherd’s experience in handling birth-related injury cases, she was retained to represent the family in this important matter. Following comprehensive depositions of the defendant doctors and other witnesses, the case was successfully resolved on the first day of trial. In addition to retaining two highly qualified obstetrical experts, Feldman Shepherd also obtained expert support from a distinguished neonatologist and a pediatric neurologist, who linked the negligence of the defendant physicians to the damages suffered by the infant. Life care planners and economic experts were also prepared to testify to the future costs associated with caring for the significantly impaired child as he grows older.