Verdicts and Settlements
VERDICT/SETTLEMENT
Facts/Liability:
This is a medical negligence claim arising out of the defendant’s medical mismanagement of a 43-year old wife and mother’s gynecologic care, amenorrhea and contraception. The defendant physician improperly diagnosed the plaintiff as being menopausal, discontinuing her hormonal contraception and instructing her that it was unnecessary in light of her menopausal status. The defendant failed to obtain and review necessary information, failed to institute appropriate follow ups and interventions, and failed to order continuing hormonal contraception. Relying on the defendant’s negligent medical advice, the plaintiff did not use contraception, engaged in sexual relations with her husband, and became pregnant.The child born of the pregnancy suffers from global developmental delays and has been diagnosed with autistic disorder, requiring early intervention and ongoing medical and therapeutic care.
The plaintiff and her husband sued the defendant doctor, as well as the defendant medical practice for their vicarious liability of their agents/employees associated with the plaintiff’s care and treatment.
Injuries:
The plaintiff suffered severe physical and emotional pain, developed an umbilical hernia requiring surgical repair, required surgical repair of the umbilical hernia with associated complications, suffered significant loss of enjoyment of life and lost earnings and earnings capacity and incurred medical and other extraordinary expenses.
The plaintiff and her husband have incurred and will continue to incur significant medical, educational and therapeutic expenses for the child born of the pregnancy, who suffers from global developmental delays and has been diagnosed with autistic disorder, requiring early intervention and ongoing medical and therapeutic care, including but not limited to physical, occupational and speech therapy, as well as extraordinary maternal care, medical care and educational services, which are ongoing and expected to be required for the remainder of the child’s life.
Specials (if any):
Plaintiff’s Medical Expenses: $ 22,761.94
Cost of Medical Care for Special Needs Child $ 15,152,120.00 – $18,994,042.00
Total Economic Losses: $ 15,174,882 – 19,016,804.00
Verdict/Settlement:
Settled after suit but prior to trial for a confidential amount.
Plaintiff=s Experts (if any): Confidential
Defense Experts (if any): Confidential
Plaintiff=s Counsel (please include name and firm):
Mark A. Abramson, Esquire
Holly B. Haines, Esquire
Abramson, Brown & Dugan
1819 Elm Street
Manchester, NH 03104
Defense Counsel (please include name and firm): Anonymous
Insurance Carrier (if relevant): Anonymous
Date of Injury: 2008
Date of Verdict or Settlement: 2013
1-800-662-6230 or abramson@arbd.com
