AUSTIN, TX, December 16, 2012 /24-7PressRelease/ -- In today's healthcare liability climate, with caps on non-economic damages of $250,000, and all the hurdles imposed by the Texas Legislature and Texas Courts, being able to achieve meaningful settlements for victims of medical malpractice and hospital negligence is extremely difficult. All of these cases were affected by the very unfair caps on non-economic damages of $250,000.
In the past year, Rockne W. Onstad has pursued and successfully settled 5 such cases for over one million dollars.
The settlements are as follows:
$3,313,000 settlement for a baby who suffered a hypoglycemic encephalopathy due to newborn nursery personnel failing to timely screen the baby for low blood sugar within first 30 minutes of life, as called for by the hospital's policies and procedures. The baby developed seizures at 8 hours of life, and not until after the onset of seizures was the baby's blood glucose checked. When it was checked, it was so low that it could not be measured. The baby developed cerebral palsy. The case settled at the conclusion of factual discovery, and before the taking of expert depositions.
$2,100,000 settlement for a baby who suffered a hypoxic-ischemic encephalopathy due to intrapartum asphyxia on account that the labor nurse failed to inform the obstetrician of ongoing nonreassuring fetal heart patterns. The obstetrician had been informed the labor was progressing well and that the fetal heart patterns were reassuring. When the obstetrician arrive to deliver the baby vaginally, the baby was very depressed at birth, and required resuscitation from a skilled resuscitation team. A resuscitation team was not present, and the baby did not receive any ventilation for over 5 minutes after being delivered. The baby developed seizures, and cerebral palsy. The case settled at mediation. More details are limited by a confidentiality agreement.
$1,100,000 settlement for a baby who suffered a hypoxic-ischemic encephalopathy due to negligence on the part of a labor nurse in managing a prolapsed umbilical cord. The baby's umbilical cord prolapsed when the mother was completely dilated and ready to deliver vaginally. The umbilical cord prolapsed, and the labor nurse attempted to reduce the cord, rather than follow the established policies and procedures. There was significant delay, and by the time an emergency Cesarean section could be accomplished, the baby had suffered asphyxia and a hypoxic-ischemic encephalopathy, that cause cerebral palsy. The hospital contended the nurse was faced with a dire emergency and did the best that she could under the circumstances. The case settled a mediation. More details are limited by a confidentiality agreement.
$1,450,000 settlement for teenage girl who suffered a spinal cord injury during a major scoliosis instrumentation procedure on account of negligence committed by the personnel responsible for intraoperative spinal cord monitoring during that surgical procedure. The intraoperative spinal cord monitoring equipment detected a loss of motor evoked potentials, requiring that the monitoring personnel inform the surgeon and anesthesiologist. The monitoring personnel failed to inform the surgeon and the anesthesiologist that the motors were lost. That failure deprived the patient of corrective measure being instituted that would have prevented injury to the spinal cord. The patient made significant recovery from the spinal cord injury, but was left with residual neurologic impairment. The case settled at mediation. More details are limited by a confidentiality agreement.
$1,850,000 settlement for a woman who developed a cauda equina syndrome that was caused by neurosurgeon failing to timely diagnose and treat a spinal epidural abscess that formed following a lumbar hemilaminectomy. The cauda equina syndrome caused bladder dysfunction and weakness in one leg. More details are limited by a confidentiality agreement.
The Onstad Law Firm remains committed to getting justice for victims of hospital negligence. Rockne W. Onstad can be contacted at The Onstad Law Firm, 119 Ranch Road 620 South, Austin, Texas 78734, www.onstadlaw.com, [email protected], 512-263-7600.
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