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Tentative $9 Million Settlement Reached in Medical Malpractice Case Involving Young Boy

A tentative $9 million settlement has been reached in a case involving a Virginia boy with cerebral palsy and his family against the Honolulu military hospital where he was born, according to attorneys for the boy and his family. One of the attorneys, Loretta Sheehan, said the amount, which was placed on the record on Monday in federal court in Honolulu, must be approved by the U.S. Department of Justice before it is declared final. Noah Whitney, the boy that is the basis of the lawsuit, was born in 2010 at Tripler Army Medical Center. His family’s lawsuit alleges that he was born with “catastrophic brain injury” because of medical negligence. The lawsuit includes allegations of failing to respond properly to signs and symptoms of uterine rupture and waiting too long to perform a cesarean section.

Noah’s mother, Laura, arrived at the hospital on September 7, 2010, when she was about thirty-five weeks pregnant, and complained of extreme lower abdominal pain. Laura’s pregnancy was closely monitored because she had experienced previous miscarriages and a complicated birthing process to have her first child, Evan. The lawsuit, which was filed in July 2012, states that Laura “was at risk for uterine rupture in connection with future pregnancies, including her pregnancy with Noah.” Based on this risk, the lawsuit alleges that there was a “failure to promptly notify and consult the obstetrician who had been managing” Laura’s pregnancy. Noah’s family blamed Tripler Army Medical Center for Noah’s serious brain injury. In the lawsuit, they stated that Noah “will require 24 hour per day care for the remainder of his life.”

Neither Tripler nor the assistant U.S. Attorney representing the government in the case have commented. Hazel Beh, a University of Hawaii law school professor, stated that medical malpractice settlements serve as a way for consumers to obtain information in an industry where it is often difficult to obtain information. However, the settlements are often confidential, except when a government agency is involved in the case. Beh commented, “It probably skews the perception for sure because you’ve got private entities that can keep it private. Certainly, the public has interests in these suits, as taxpayers.”

Lawyers: $9M settlement for boy’s cerebral palsy January 29, 2013

Many individuals never expect that they themselves, their children, or their loved ones will become a victim of medical malpractice. Yet, it happens far too often. All medical professionals, including emergency room doctors, obstetricians, and other doctors that work in hospitals, are expected to treat their patients and clients with the utmost care and respect, and that includes becoming aware of and taking into consideration the situation of each individual patient. The Coral Gables medical malpractice attorneys at the Friedland | Carmona have helped their clients recover substantial compensation for injuries sustained as a result of a medical professional’s negligence. The Miami Beach child injury attorneys understand how devastating it can be to watch your own child suffer because of someone else’s decisions. If you or a loved one has been a victim of medical malpractice, call the attorneys at the Friedland | Carmona today at (305) 661-2008! The attorneys are committed to helping personal injury victims!

The Miami personal injury attorneys at the Friedland | Carmona handle all types of medical malpractice injuries throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale and Palm Beach. The Friedland | Carmona handles all types of personal injury cases, including wrongful death, defective products, motor vehicle accidents, slip and falls and construction site injuries. Call the Miami personal injury attorneys at (305) 661-2008 for your free consultation. Call today and let our family take care of your family!

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