$11.0 million - Settlement for Neonatal blindness injuries to premature triplets after failure to diagnose condition in a timely manner.

This case involved neonatal blindness injuries to premature triplets from retinopathy of prematurity. One child was almost completely blind; one child was almost completely blind in one eye and had partial loss of vision in the other eye; and the third child had some functional diminution of vision, primarily in one eye. Retinopathy of prematurity (what used to be called rebrolentna fibroplasia can be treated if timely diagnosed. It is a common problem in premature infants. We contended that the hospital, neonatologist, and pediatricians failed to properly follow up and screen these children and failed to diagnose the condition in a timely manner. The defendants contended that the mother had been properly warned about the condition and failed to obtain an eye exam in a timely fashion after the triplets were discharged from the hospital. This confidential settlement is believed to be the largest of its type in the history of the state of occurrence.

$8.0 million - Record settlement for a neonatal/birth injury—baby suffered severe spastic quadraparesis and relatively retained cognitive ability.

Our birth injury and neonatal attorneys settled this case for a record amount. This child was born normally. In the first 24 hours, she was found not breathing by a nurse and a code was called for resuscitation. During the resuscitation process, the child was ventilated and the ventilator equipment was later changed. The equipment change involved an improper ventilator tube with no exhaust valve. The child was blown up like a balloon and both lungs were ruptured. The child was immediately diagnosed with bilateral ruptured lungs. The lungs were re-inflated and the child resuscitated again. The baby ended up with severe spastic quadraparesis and relatively retained cognitive ability. We contended the initial nurse missed the symptoms of the child's impending apnea and failed to respond promptly to the child's lack of breathing. We also contended that the respiratory therapist should not have placed a ventilator tube that had no exhaust valve. The defendants admitted the tube was improper but contended that damage was done in the first apnic episode while the baby was in the mother's hands and before the nurse came into the room. Our research indicates this result is the top neonatal/birth injury settlement/verdicts in the state.

$7.76 million - Anesthesia machine/physician caused brain injury to an infant undergoing hernia surgery (child will be ambulatory as an adult).

A few years ago, we represented a child who was rendered partially blind, partially paralyzed and brain damaged from cardiac arrest during surgery for repair of a urological problem. We contended that the anesthesia machine used during the surgery malfunctioned due to faulty design and maintenance. The experts agreed this child had only mild cognitive impairment, and that he would be able to functionally ambulate. This case settled for $7,760,000 cash.

$5.5 million - Record settlement in California for a brain injury to a child -- hospital personnel failed to note symptoms, child suffered from a condition known as hyperbilirubenemia.

At the time, this was a record settlement in California for a brain injury to a child. Our neonatal and birth injury lawyers in California recently represented a child who was brain injured shortly after her birth. She suffered from a condition known as hyperbilirubenemia. There was a break down of red blood cells in her blood which resulted in excess biliruben. This biliruben eventually crossed the blood-brain barrier and stained the baby's brain resulting in a condition called kernicterus. This caused the child to become a spastic quadriplegic and unable to hear, although the baby had retained cognitive ability. Our office has handled several similar cases in the past. It was our contention that the hospital personnel failed to note symptoms suggesting the ongoing increasing biliruben which included bloody urine and increasing jaundice. When the baby's condition was finally diagnosed, treatment was attempted, but it was too late to prevent brain damage. Under California law, non-economic damages are limited to $250,000.

$4.0 million - Child caught pool vacuum system.

Settlement for intestinal injury to child caught in defectively designed wading pool vacuum system.

$4.0 million - Overdose of medication to infant child during hospital care resulting in brain injury.

We represented a child who was brain injured when he was given an overdose of medication during an acute pulmonary crisis. This California case, which like all California medical malpractice cases, was limited by the provisions of MICRA (legislation stating general damages are not to exceed $250,000), was settled in 1990 for a present value sum of just under 4 million dollars.

$3.5 million - Failure to report child abuse resulting inbrain injury

Settlement against HMO emergency room for failure to report repeated abuse to child, which eventually resulted in a mild brain injury.

$2.1 million - Failure to properly treat premature birth complications

Our birth injury lawyers in San Francisco tried a case wherein a physician failed to properly treat premature birth complications shortly after birth, resulting in brain injury.

$2.0 million - Confidential Settlement for quadriplegic brain damage injuries to a 20 day-old child.

Three days after birth, a male infant presented to a pediatric clinic.  The parents complained that the baby was very yellow.  The physician said the baby was only yellow to the mid-chest and sent him home with instructions to call if the jaundice became worse.  The jaundice did not become worse—it stayed the same.  Three weeks later the child was admitted with severed hyperbilirubenemia and kernicterus.  It was too late to avert the brain injury.  Plaintiff contended that the baby should not have been sent home without either obtaining a biliruben level or setting a return visit within 48 hours so that the doctor could determine for himself that the jaundice was receding.  The defense contended that with jaundice to the mid-chest most children do fine and it was extremely unusual for a child of this age to have his biliruben significantly increase for no known cause.  The baby had significant quadraparisis and cognitive delay.  The case was settled for the doctor’s full policy limits.

$2.0 million - Against protective services

Case against child protective services for brain injury to three-year old attacked by foster mother after several previous episodes went unheeded by county personnel.

$1.12 million - Settlement for failure to treat eye problem in newborn resulting in blindness.

$1.1 million - Full policy limits of homeowner insurance for brain injury to two-year old who fell in pool, which was not adequately fenced.