Success Stories

$4,000,000 VERDICT IN BISMARCK, NORTH DAKOTA FOR IMPROPER MANAGEMENT OF LABOR BY MIDWIFE

A nineteen year old woman with her first child was admitted for induction by a nurse midwife at 41 weeks 1 day. She was induced over the next 60 hours with no physician in spite of having preeclampsia, abnormal progress of labor and the development of maternal fever and suspected infection. After 60 plus hours the midwife finally called the obstetrician to do a C-section, but tragically it was too late. The baby was born with an APGAR score of zero and many other signs of asphyxia. He is now 13 years old and suffers from a brain injury. He will require 24/7 care the rest of his life. The case involved 23 days of testimony and multiple experts. The jury deliberated for over 10 hours and returned a verdict of $4,000,000. Lee Bissonette of Hellmuth & Johnson (Edina, Minnesota) tried the case along with Christian Mester and Maria Dawson of Goldberg, Finnegan & Mester, LLC from Baltimore, Maryland.

FAILURE BY A GENERAL OBSTETRICIAN TO REFER A HIGH-RISK PREGNANCY

A young woman went to her obstetrician upon learning that she was pregnant. An early pregnancy ultrasound revealed that she was not only pregnant with twins but also had a potentially dangerous condition known as Twin Transfusion Syndrome. This syndrome occurs when the amniotic fluid for one twin is virtually absent while the other twin has an overabundance. If this condition is allowed to persist, it almost always results in death or serious brain damage in the babies. The physician in this case never treated the condition and did not refer the woman to a high-risk pregnancy specialist for proper treatment. As a result, the twins were born extremely premature at 28 weeks with profound brain damage and both were institutionalized. Lee Bissonette represented the family and worked with a wide range of therapists to determine the future medical needs of the children. He was able to obtain a settlement of several million dollars for the family, which they used for the care of their two children.

FAILURE TO TRANSFER A NEWBORN BABY WITH SIGNIFICANT RESPIRATORY PROBLEMS IN THE HOSPITAL NURSERY

A newborn baby began suffering serious respiratory problems while in a Level I nursery. After several hours, the baby went into cardiac arrest and only then was the baby transferred to a Neonatal Intensive Care Unit where proper care was given. Unfortunately, the delay in transferring the baby caused the baby to suffer a serious brain injury. After obtaining expert opinions, Lee Bissonette negotiated a settlement in the seven-figure range. The settlement gave the family the financial means to care for their disabled child including building a handicapped accessible home and having the ability to pay for occupational, physical and speech therapists to come into the home to treat their child.

MOTOR VEHICLE COLLISION

This case involved a serious automobile crash on Interstate 94 in Wisconsin. Lee Bissonette represented the plaintiff who was traveling on Interstate 94 with his wife and two daughters when they were struck by a vehicle. The violent collision caused the father of this family to suffer very catastrophic injuries. The case was settled for the policy limits well into the seven-figure range.

Approximately 17% of traumatic brain injury cases in the United States are caused by motor vehicle collisions.* We help our clients who have suffered a brain injury work with their medical providers in order to recover and adjust to their injuries.

*www.cdc.gov/Features/dsTBI_Braininjury/

FAILURE TO RECOGNIZE RESPIRATORY AND CARDIAC ARREST IN A PATIENT UNDERGOING CONSCIOUS SEDATION

An adult male underwent a routine out-patient procedure, which required the administration of conscious sedation. Unfortunately, when the procedure was over, the patient developed respiratory problems and went into respiratory arrest. The medical staff failed to recognize and respond to the situation in a timely manner, and, as a result, the patient went into cardiac arrest. The patient, a father of two young children, suffered a profound anoxic brain injury and will most likely be institutionalized for the rest of his life. The family was represented by Hellmuth & Johnson, PLLC, who was able to negotiate a settlement of several million dollars to assist the victim in his medical needs and support his children into the future.

FAILURE TO TIMELY DELIVER A BABY WITH SIGNS OF FETAL DISTRESS

A soon-to-be mother presented herself to her obstetrician in active labor. A fetal heart monitor clearly revealed signs of fetal distress. Even though the standard of care was to deliver the baby immediately, the obstetrician instead waited several hours before doing so. When the baby was delivered, she suffered profound brain damage because of the lack of oxygen during labor. Lee Bissonette worked with medical experts to determine at what point during the labor the baby suffered the brain injury and how the brain injury could have been avoided. He settled the case for several million dollars, which was used to pay for the care facilities, transportation, and medical treatment needed for the child to lead a productive life.

DELAY IN DIAGNOSING MENINGITIS IN A NEWBORN INFANT

Lee Bissonette represented the family of a two-week-old infant who was brought to a pediatrician by his parents because of a very high temperature and extreme irritability. The pediatrician made a diagnosis of a viral illness and sent the family home. No diagnostic tests were performed. Several days later, the baby lapsed into a coma and was diagnosed with bacterial spinal meningitis. Tragically, the delay in diagnosing the meningitis led to profound brain damage in the child. Mr. Bissonette established through expert medical testimony that a two-week-old infant should not normally be running a high fever. This was cause for serious alarm, and meningitis should have been suspected in such a case. He also used experts in the field of brain injuries to determine what injuries could have been avoided had the meningitis been diagnosed sooner. The settlement was used by the family to help establish a comfortable life and proper care for the child.

FAILURE TO RECOGNIZE AND TREAT RESPIRATORY DISTRESS

During gym class at school, a fifteen-year-old girl suffered cardiopulmonary arrest. After collapsing, she was on the ground for approximately 20-25 minutes during which time neither the teacher nor the school nurse provided appropriate first aid. By the time the fire department arrived and administered CPR, the girl had already suffered a catastrophic brain injury. She was in a coma for one month and then transferred to a rehabilitation hospital. Cognitively, she is at an elementary school level and no significant improvements are anticipated. Hellmuth & Johnson, PLLC represented the young girl and her family and was able to obtain a significant settlement to assist with future medical care and expenses, including speech, occupational, and physical therapy, that she will need for the rest of her life.

The millions of dollars* in settlement money that we have obtained on behalf of victims and families has resulted in more services, more equipment, and more resources available to assist them in their lives.

Settlements have been used to better lives. Homes have been made handicapped-accessible. Others have purchased fully-equipped vans for transportation, or they have purchased equipment including power wheelchairs, feeding devices and specialized computer devices. Other sophisticated equipment that injury victims require and deserve has been made possible through these settlements. Funds have also enabled families to offset the loss of income caused by the death or injury of a parent or spouse.