Tuesday, December 01, 2009
When Nikisha Martin suspected that her child had suffered a fatal brain injury as the result of a Doctor’s negligence, she sought the council of Sommers Schwartz attorney Robert Sickels. After consulting with medical professionals within his firm, Mr. Sickels determined that negligence had played a role in the injury and eventual death of the her child. He then wasted no time in assembling a team of highly qualified, academic medical professionals to provide supporting opinions.
The Plaintiff’s experts provided testimony that the child should have been delivered via an emergency cesarean section over an hour early due to the child’s drastically declining heart rate. Their failure to do so resulted in the child suffering irreversible, permanent, and ultimately fatal brain damage.
Although the Defendant urged the court to apply the low cap for damages because the child only lived five weeks, Mr. Sickels successfully argued that the court should not be concerned with how long the Plaintiff lived after his injury, so long as one of the high cap injuries existed before death and would have been permanent had the decedent survived. The case eventually settled for $600,000, well above the low cap.