$3.5 Million Settlement in Obstetric Malpractice Case

June, 2006

On the evening of the ninth day of trial, Feldman Shepherd attorneys Daniel S. Weinstock and Jason A. Daria settled a case for $3.5 Million on behalf of a child who suffered brain damage from chronic placental insufficiency during her pregnancy. The child now suffers from cerebral palsy and a seizure disorder.

The case was rather unique and challenging in that all parties in the case agreed the child’s brain injury did not occur during the several hour period leading up to delivery. Rather, Feldman Shepherd attorneys presented a strong argument that the obstetrician caring for the child’s mother ought to have ordered a test called a Biophysical profile when it was reported that the baby did not seem to be moving around as much as he previously had. In addition, blood pressure recordings had become elevated by the end of the pregnancy.

The case was tried in Charlotte, North Carolina. The settlement agreement was reached on the evening before plaintiffs’ final witnesses would have testified.

The child’s lifelong medical and other care needs will be paid for by the settlement.