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 & #151; 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.

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