Medical Verdicts
NOTABLE JUDGMENTS AND SETTLEMENTS IN BRIEF
Doctor’s defense The patient had an unpredictable and untreatable amniotic fluid embolism.
Verdict New York defense verdict, but posttrial motions were pending.
Depo-Provera is given to pregnant woman
When a 28-year-old woman with a history of alcohol and drug abuse requested contraceptive medication, she was prescribed 3 injections of Depo-Provera over 6 months. At each exam, she reported a weight gain, breast tenderness, and swelling of her breasts. The ObGyn said those were side effects of the medication. When she went to another physician 7 months after the first injection, it was determined that she was late in her seventh month of pregnancy. Unable to terminate the pregnancy, she delivered a child with significant, permanent disabilities. To care for the child, she quit her job and moved in with her parents.
Patient’s claim The physician failed to rule out pregnancy before the first injection.
Doctor’s defense The plaintiff had no damages.
Verdict $400,000 Massachusetts settlement.
Video supports claims of negligence
Shoulder dystocia occurred during delivery of the plaintiff’s child. Because of brachial plexus damage, the child suffers from Erb’s palsy and has undergone surgery to try to restore function to her arm, hand, and fingers.
Patient’s claim The defendants did not tell her to stop pushing when shoulder dystocia was discovered, and were negligent for using the McRoberts maneuver, suprapubic pressure, and excessive traction. The plaintiff provided video documentation of the delivery.
Doctor’s defense Negligence was denied.
Verdict $1 million Maryland verdict.
