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Largest Settlements of 2006
As listed in Massachusetts Lawyers
Weekly, January 15, 2007
Lubin & Meyer leads the
way again with
17 settlements of $1 million or more in 2006
Related excerpts from Massachusetts
Lawyers Weekly article
$5 million - Fetal distress leads to birth injury
Plaintiff's counsel: Andrew
C. Meyer Jr. and Suzanne C.M.
McDonough, Lubin & Meyer, Boston
The plaintiff went into labor at 41 weeks gestation. Pitocin was started,
and, soon after, the first defendant ruptured the plaintiff's membranes,
which revealed light meconium stained fluid, a sign of fetal distress.
The Pitocin was stopped but then restarted. Throughout labor, the fetal
heart rate pattern was worrisome, and the defendants increased the Pitocin
until delivery. The plaintiff's son was born limp and blue with meconium
below the cords. The son was diagnosed with hypoxic ischemic encephalopathy
secondary to severe perinatal asphyxia.
$4.2 million - Newborn sustains significant brain
injury
Plaintiff's counsel: Andrew
C. Meyer Jr. and Suzanne C.M.
McDonough, Lubin & Meyer, Boston
The 48-year-old plaintiff conceived triplets via in-vitro fertilization.
At 20 weeks, the plaintiff was admitted for pre-term labor and was diagnosed
with Insulin-dependent gestational diabetes. At 31 weeks, the plaintiff
was readmitted in pre-term labor. A nurse noted that one of the babies
displayed a low heart rate. Records indicated decelerations in the fetal
heart rate patter. It took one defendant 20 minutes to respond to a distress
call, and another defendant admitted that she failed to recognize the
signs of distress upon delivery. The baby was neurologically damaged and
remains severely developmentally delayed.
$4 million - Use of Pitocin cited in injury to
baby
Plaintiff's counsel: Andrew
C. Meyer Jr. and Krysia J. Syska,
Lubin & Meyer, Boston
The plaintiff was admitted to the hospital with complaints that she had
been leaking small amounts of fluids. Pitocin was ordered. The nurse noted
decreased long-term variability, but no steps were taken to expedite the
delivery. Pitocin was increased despite the fact that, in view of signs
of fetal hypoxia, increasing Pitocin was inappropriate. The baby's heart
rate dropped and did not recover. The baby was diagnosed with hypoxic
ischemic encephalopathy, severe metabolic acidosis and respiratory depression,
and she suffers from brain damage.
$3 million - Baby born with Group B strep suffers
cerebral palsy
Plaintiff's counsel: Andrew
C. Meyer Jr. and Suzanne C.M.
McDonough, Lubin & Meyer, Boston
The plaintiff arrived at the hospital at 28 weeks' gestation with a rupture
of membranes and an elevated temperature, which led the defendants to
diagnose an inflammation of the membranes that cover the fetus. A review
of the fetal monitor found a change in heart pattern that was not reassuring.
The plaintiff was not taken to the operating room for a Caesarean section
until one hour after a nurse notified the defendants of the fetal heart
tracing. The baby was diagnosed with cerebral palsy, is legally blind
and is developmentally delayed.
$2.5 million - Child diagnosed with spastic diplegia;
delay in birth blamed
Plaintiff's counsel: Andrew
C. Meyer Jr. and Robert M. Higgins,
Lubin & Meyer, Boston
The minor plaintiff suffered a permanent neurological injury allegedly
as a result of the defendants' failure to recognize and respond to fetal
heart rate abnormalities. Premature rupture of the membranes was confirmed.
As labor progressed, problems with the baby's heart rate developed. The
fetal heart rate was noted to have dropped and essentially remained at
that level until the defendants decided to do an emergency Caesarean section.
The minor plaintiff was born severely bruised and profoundly depressed.
The child now carries the diagnosis of spastic diplegia.
$2 million - Newborn severely injured during delivery
Plaintiff's counsel: Andrew
C. Meyer Jr. and Suzanne C.M.
McDonough, Lubin & Meyer, Boston
The pregnant plaintiff had noted decreased fetal activity and the defendant
obstetrician was notified. A defendant nurse had difficulty obtaining
a fetal heart rate tracing. There was no indication that the obstetrician
took further steps to confirm fetal well-being or evaluate the fetal heart
rate before the initiation of the Pitocin. Despite findings indicative
of fetal intolerance to labor, the defendant continued the Pitocin and
increased the dose periodically. The baby was diagnosed with hypoxic ischemic
encephalopathy, right parieto-occipital infarct, question of bifrontal
cerebral ischemic changes and seizures.
$2 million - Newborn left with physical, mental
impairments
Plaintiff's counsel: Andrew
C. Meyer Jr. and William J. Thompson,
Lubin & Meyer, Boston
During labor, the plaintiff claimed there was a significant change in
the fetal heart rate tracing with a question of a sinusoidal pattern.
The plaintiff then claimed there were late decelerations on the fetal
heart rate tracing, which continued and rapidly progressed to severe fetal
bradycardia. The defendant was called at 3:15 p.m. but did not arrive
until 3:43 p.m. Residents attempted to deliver the baby but were not successful.
A forceps delivery was performed by the defendant 42 minutes after the
fetal distress first developed.
$2 million - Newborn suffers brain injury when
heart rate plummets
Plaintiff's counsel: Andrew
C. Meyer Jr. and Suzanne C.M.
McDonough, Lubin & Meyer, Boston
A newborn suffered a brain injury when the defendant obstetrician allegedly
was unavailable to perform an emergency Caesarean section. The plaintiffs
claimed that the defendant obstetrician, who was asleep at home, failed
to come to the hospital for what he knew or should have known would likely
be a rapid labor and delivery. The plaintiffs also claimed that the labor
nurses failed to summon the doctor at critical times during the labor.
When the fetal heart rate dropped to a dangerously low level, the doctor
was called, came to the hospital and delivered the baby by vacuum extractor.
The minor suffers from severe perinatal depression and developmental delays.
$2 million - Undiagnosed pneumonia leads to woman's
death
Plaintiff's counsel: Robert
Higgins and Mark Collier,
Lubin & Meyer, Boston
A 38-year-old died as a result of respiratory failure and sepsis due to
pneumonia. The plaintiff presented medical expert testimony that the defendant
emergency room physician was negligent in failing to order a chest X-ray
and blood work on an obviously ill-appearing woman. The decedent developed
adult respiratory distress syndrome, suffered intestinal bleeding, continued
to have liver and kidney difficulties, and developed pancreatitis. An
autopsy showed that she died because the pneumonia was allowed to invade
her blood stream and cause her organs to shut down.
$1.5 million - Woman claims melanoma misread as
plantar's wart
Plaintiff's counsel: Andrew
C. Meyer and William J. Thompson,
Lubin & Meyer, Boston
The plaintiff, who at 54 was diagnosed with malignant melanoma, claimed
the defendant pathologist misread a biopsy specimen from her foot more
than two years before her diagnosis. The defendant denied that the slide
was misread, and claimed the plaintiff's malignant melanoma did not appear
on the slide. The plaintiff was diagnosed in 2003 with Stage III malignant
melanoma, which was subsequently found to have spread to her lungs.
$1.25 million - Man discharged from ER; later dies
from aneurysm
Plaintiff's counsel: Andrew
C. Meyer Jr. and Robert M. Higgins,
Lubin & Meyer, Boston
The plaintiff's decedent complained of chest pain, tightness, nausea and
shortness of breath. An emergency room physician found that an initial
EKG was normal and all lab work was within normal limits and determined
that the decedent did not suffer a heart attack. The decedent was discharged
with instructions to return to the emergency room for recurrent abdominal
pain, chest pain or shortness of breath. The decedent was then found unresponsive
at home. The cause of death was cardiac tamponade from a ruptured dissecting
ascending aortic aneurysm.
$1 million - Mentally retarded woman dies of lithium
toxicity
Plaintiff's counsel: Andrew
C. Meyer Jr. and Krysia J. Syska,
Lubin & Meyer, Boston
A 51-year-old mentally retarded woman died from lithium toxicity. She
had been a resident at the defendant residential home until her death.
The defendant pharmacy and pharmacist incorrectly filled the decedent's
lithium prescription, dispensing lithium carbonate 300-mg. capsules instead
of the prescribed lithium carbonate 150-mg. capsules. As a result, the
decedent consumed 1,800 mg. of lithium carbonate daily, instead of the
prescribed 900 mg. daily dosage.
$1 million - Premature delivery cited for newborn's
brain damage
Plaintiff's counsel: Andrew
C. Meyer Jr. and Robert M. Higgins,
Lubin & Meyer, Boston
At 29-1/2 weeks' gestation, the plaintiff was admitted to Anna Jacques
Hospital with pre-term contractions. The defendant ordered Terbutaline
by injection, but the plaintiff's contractions persisted. The plaintiff
claimed the defendant failed to act properly when he attempted to stop
the contractions with the same medication that had proven to be unsuccessful
with the plaintiff. The defendant acknowledged that the practice was to
transfer to a Boston hospital any patient who was in labor and less than
34 weeks' pregnant. but he opted not to transfer the plaintiff. The minor
plaintiff suffers from very low tone, has difficulty walking, and has
cognitive and emotional issues.
$1 million - Patient dies following surgery of
aortic aneurysm
Plaintiff's counsel: Andrew
C. Meyer Jr. and Suzanne C.M.
McDonough, Lubin & Meyer, Boston
A 47-year-old died following surgery to repair a ruptured abdominal aortic
aneurysm. The defendant had diagnosed the decedent with a back strain
and instructed him to take Flexeril; he did not perform a neurological
examination. Later, the defendant ordered an MRI of the spine. It was
noted that the decedent had a large aneurysm of the distal abdominal aorta
with a contiguous left psoas hematoma. The decedent remained critically
ill subsequent to the surgery and lost extraordinary amounts of blood.
He died as a result of hypovolemia.
$1 million - Patient bleeds to death after insertion
of catheter
Plaintiffs' counsel: Andrew
C. Meyer Jr. and Suzanne C.M.
McDonough, Lubin & Meyer, Boston
A 74-year-old died after placement of a central venous catheter —
an IV placed through the neck and intended for long-term use. During the
insertion of the catheter, a blood vessel was inadvertently punctured.
Chest X-rays taken after placement of the catheter showed a collection
of fluid confirming the puncture. The plaintiff claimed the defendants
failed to respond quickly enough to the life-threatening emergency and
that, as a result, the decedent bled to death.
$1 million - Widow: lack of follow-up led to husband's
cancer spread
Plaintiff's counsel: Andrew
C. Meyer Jr. and Suzanne C.M.
McDonough, Lubin & Meyer, Boston
The plaintiff claimed each physician failed to follow up on a known abnormality
in her husband's esophagus, allowing his cancer to grow and spread to
an incurable stage. The decedent eventually underwent treatment with chemotherapy
and radiation therapy. He had a total thoracic esophagectomy, mediastinal
lymphadenectomy, cervical esophagogastrostomy, pyloromyotomy and J-tube
placement. He ultimately died of metastatic esophageal cancer.
$1 million - Despite examination, man dies of cardiac
arrest
Plaintiff's counsel: Andrew
C. Meyer Jr. and Krysia J. Syska,
Lubin & Meyer, Boston
The decedent's past health history was unremarkable except for having
high cholesterol and being overweight. The decedent presented to the defendant
reporting an eight-hour history of left chest pain that radiated to his
left shoulder blade. A physical exam was unremarkable, except for mild
tenderness over the left area of his rib. The defendant did not perform
an EKG or cardiac work-up. Nine days after visiting the defendant, the
decedent suffered a cardiorespiratory arrest. Resuscitative efforts were
unsuccessful, and the decedent was pronounced dead.
See also: Top
Verdicts of 2006
Largest Settlements
of 2005
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