Case-Types

 

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Jay Kerr Law
84 Peachtree Road, Suite 220
Nettlewood Professional Park
Asheville, NC 28803
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828-285-8911 office
800-322-2906 toll free
828-210-8172 fax

Medical Malpractice

Case Type: Medical Malpractice/Birth Injury/Cerebral Palsy: Alleged failure to timely diagnose and treat pre-eclampsia in pregnant young woman who delivered child with severe deficits associated with cerebral palsy

Lawsuit Filed: Yes (Jackson County, NC)

Summary: Young, healthy woman with first-time pregnancy was being followed by her family physician for obstetrical care. She developed signs of pre-eclampsia around 26 weeks and was tested for proteinuria (excessive urine protein associated with a hypertensive pregnancy). However, she alleged that alarming levels were not acted upon by her care providers and, consequently she was not properly hospitalized for “expectant management” measures that likely would have allowed delivery until after the 28 th week, a point after critical brain development occurs. After a considerable period without notice of her elevated protein levels, she presented to her local hospital with a pounding headache, whereby she was immediately transferred to a tertiary center. The baby was delivered via c-section when the tertiary specialists determined her condition was life threatening to her and her child, and any expectant management was unavailable.

Liability Issues: Yes. The defendant family practitioner and practice group denied liability and specifically asserted that notwithstanding any potential intervening measures which were not applied such likely would not have changed the outcome of the child's condition.

Damages Issues: The child requires considerable attendant care, equipment and appliance to enhance activities of daily living, as well as on-going specialized physical and cognitive therapies.

Defense Counsel Representation: Yes

Recovery Date: 2007. The case was mediated without success prior to pre-trial motions regarding primarily the proper designation of expert witnesses for the defendants. After the plaintiff obtained successful orders in light of the pre-trial motions, the parties attempted a second mediation at which the claims were resolved.

Co-Counsel: Fred D. Smith Jr (Martinsville, VA)

 

Case Type: Medical Malpractice/Encephalitis/Wrongful Death: Alleged failure to timely diagnose and treat intracranial pressure (ICP) in a child with meningitis resulting in death due to brain herniation

Lawsuit Filed: Yes (Buncombe County)

Summary: 9 year old girl was hospitalized for either viral or bacterial meningitis. She was examined around Midnight by defendant pediatric hospitalist for symptoms of agitation and headache, but a brain CT scan was not ordered to check for increased ICP, but an order for closer I&Os (fluid intake and output) monitoring was entered. Excess water retention can cause blood plasma sodium concentrations to drop below normal (hyponatremia) which, in turn, can cause fluid to be drawn into the brain cavity, causing ICP. Around 4:00 a.m., the child's brain herniated against the brain stem, causing respiratory and cardiac arrest and resultant “brain death.” Extraordinary life support measures were reasonably declined by the mother.

Liability Issues: Yes. The defendant hospitalist asserted that reasonable actions were taken and a brain CT scan was not required by the standard of care. The attending nurses alleged that they properly monitored the fluid intake and outputs and they remained within reasonable parameters. However, the plaintiff's medical experts pointed to evidence in the I&O record which they asserted demonstrated gradually increasing fluid retention over several hours, with recorded associated symptoms, before the brain herniation occurred.

Damages Issues: Evaluating the loss of a child is always difficult, but the defendants respectfully engaged in settlement negotiations.

Defense Counsel Representation: Yes

Recovery Date: 2002. The case settled absent trial but after suit was filed and considerable evidence was developed.

Co-Counsel: Fred D. Smith Jr. (Martinsville, VA)

 

Case Type: Hospital Negligence/Alleged Negligent Credentialing of Anesthesiologist: Hypoxic-Anoxic Brain Injury with Resultant Quadraparesis and Severe Cognitive Deficits

Lawsuit Filed: Yes (Buncombe County)

Summary: Young male ruptured patella (knee cap) tendon requiring surgical repair. During surgery, patient's blood pressure dropped significantly when his heart stopped providing adequate profusion. After resuscitative efforts were engaged, the patient suffered evidence of hypoxic/anoxic brain injury, resulting in paralysis and severe cognitive deficits.

Liability Issues: Yes. The defendant anesthesiologists claimed that there had been neither a breach of the care standards as to the anesthesia administration and monitoring nor as to responsive efforts. The defendant hospital also denied liability. The plaintiff guardian ad litem for the patient alleged that the hospital had failed to use reasonable care in its “credentialing process” by allowing the primary attending anesthesiologist to have hospital privileges, when it knew or should have known that said anesthesiologist was neither board certified nor “board eligible,” as the plaintiff asserted that hospital policies required. The plaintiff alleged that a board certified or board eligible anesthesiologist would have held appropriate knowledge of ACLS (advance cardio life support) and that such applied protocols would have prevented the patient's adverse outcome.

Damages Issues: The patient requires full-time care at a skilled nursing facility, after losing the majority of his cognitive abilities, including the inability to communicate with loved ones in any meaningful manner.

Defense Counsel Representation: Yes.

Recovery Date: 2002. The Plaintiff's claims against the treating anesthesiologist and the employer anesthesiology group were tried to a jury that was unable to arrive at a unanimous verdict after considerable deliberations, and a mistrial was declared. However, the parties separately conducted interviews of the jurors and learned significant information that allowed the parties to resolve the claims without another trial. Subsequently, the claims against the hospital were settled but only after jury selection commenced at a separate trial.

Co-Counsel: Fred D. Smith, Esq. (Martinsville, VA) and Joel B. Stevenson, Esq. (Asheville, NC)

 

Case Type: Medical Malpractice/Alleged Anesthesia Overdose/Failure to Timely Respond: Hypoxic-Anoxic Brain Injury with Resultant Quadraparesis and Severe Cognitive Deficits

Lawsuit Filed: Yes (Buncombe County)

Summary: Young male ruptured patella (knee cap) tendon requiring surgical repair. During surgery, patient's blood pressure dropped significantly when his heart stopped providing adequate profusion. After resuscitative efforts were engaged, the patient suffered evidence of hypoxic/anoxic brain injury, resulting in paralysis and severe cognitive deficits.

Liability Issues: Yes. The defendant anesthesiologists claimed that there had been neither a breach of the care standards as to the anesthesia administration and monitoring nor as to responsive efforts.

Damages Issues: The patient requires full-time care at a skilled nursing facility, after losing the majority of his cognitive abilities, including the inability to communicate with loved ones in any meaningful manner.

Defense Counsel Representation: Yes.

Recovery Date: 2001. The Plaintiff's claims against the treating anesthesiologist and the employer anesthesiology group were tried to a jury that was unable to arrive at a unanimous verdict after considerable deliberations, and a mistrial was declared. However, the parties separately conducted interviews of the jurors and learned significant information that allowed the parties to resolve the claims without another trial. Subsequently, the claims against the hospital were settled but only after jury selection commenced at a separate trial.

Co-Counsel: Fred D. Smith, Esq. (Martinsville, VA) and Joel B. Stevenson, Esq. (Asheville, NC)

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