$600,000 Medical Malpractice Settlement for the Death of a Brain Injured Child
Sommers Schwartz attorney Robert Sickels secured a $600,000 settlement in the wrongful death of an infant alleged to have been caused by her doctor’s negligence.The child’s mother suspected that the infant had suffered birth injuries as the result of medical malpractice. 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 child. The plaintiff’s experts provided testimony that the child should have been delivered via an emergency cesarean section over an hour early due to his drastically declining heart rate. The 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.