$35.4M Verdict in Childbirth Stroke Lawsuit

28-year-old mother suffered a stroke hours after giving birth

By Travis Andersen | The Boston Globe
May 8, 2015

A jury in Dedham awarded $35.4 million Thursday to a Walpole woman who is paralyzed from a stroke that she suffered hours after she gave birth, her attorney said.

The verdict for Andrea Larkin, 35, was handed down in Norfolk Superior Court, said her lawyer, Benjamin Novotny of the Boston firm Lubin & Meyer. 

Related news story, WCVB-TV: Woman paralyzed after childbirth awarded $35.4M in lawsuit

Related trial report: Larkin v. Johnston
Mother's brain damage due to stroke following vaginal childbirth

The defendants were Dedham Medical Associates, where Larkin sought treatment for dizziness in 2004; and Dr. Jehane Johnston, a physician who examined Larkin, Novotny said. Neither Johnston nor an attorney listed for her could be reached for comment on Thursday night.

In a statement, Dr. Michael Querner, Dedham Medical’s chief medical officer, said, “Our hearts go out to Andrea Larkin and her family. However, we respectfully disagree with the jury’s finding in this case and intend to pursue all available legal measures.”

According to Novotny, Larkin had dizzy spells in 2004 after running the Boston Marathon and went to be checked out by Johnston at the medical group’s Dedham location. An MRI and a CAT scan showed brain abnormalities, which meant Johnston was required to place Larkin on a special list of patients with certain medical conditions that other doctors can access, he said. However, Novotny said, Johnston failed to place Larkin’s name on the list.

When Larkin became pregnant four years later, her obstetrician was not aware of her brain issues because her name did not appear in the database. Had that doctor known of Larkin’s problems, a caesarean section would have been ordered because it was dangerous for her to be in labor, according to Novotny. Larkin delivered her daughter, Alexa, without having a caesarean section, Novotny said, and suffered a massive stroke within hours of the birth that left her completely paralyzed, except for movement in her right arm.

“She requires 24-hour care for pretty much everything,” Novotny said of his client, a former teacher at the Foxborough Regional Charter School. “She has difficulty with speech. She can’t work. It’s really sad.”

Her husband, Tim, 36, said in a phone interview Thursday night that he was shocked when the verdict was handed down. He praised the family’s legal team for their diligent work on the case.

Alexa is “a little ball of energy,” he said, and the couple “couldn’t ask for a better daughter.” But it pains him to see his wife interact with their child, because she has a limited ability to communicate. “Any time you see your wife, your best friend, have this happen to her, and given the person that she was before all this happened, and given [how] she wanted to be as a mother, in terms of playing a very active role in that capacity, it’s devastating to see,” Larkin said.

He said his wife has therapy sessions twice a week, and family members occasionally take her out to run errands, but she is generally homebound and reliant on two caregivers to help her get through the day.

“We always remain hopeful” that her health will improve, Tim Larkin said. “But I think that given that we’re going on seven years into this, I think Andrea’s situation is likely the way it will be for the future moving forward. But that doesn’t preclude us from keeping those prayers alive.”

The jury award with interest comes to just over $41 million, Novotny said, adding that the Larkins have been paying out-of-pocket for Andrea Larkin’s care, which has exceeded $200,000 annually. Tim Larkin said Thursday that he hopes the jury award “can help bring some comfort to her moving forward to give her the best possible support that she needs.”

Stroke Lawyers Reviewing CaseLearn more about:
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Read about other recent stroke verdicts and settlements and how our stroke lawyers may be able to help you.

Also see our Patient Safety Blog post:
Mother's Dying in Childbirth — A Preventable Tragedy

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