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Our firm obtained a record verdict for a mild traumatic brain injury—the
largest non-punitive verdict for a single individual in the state of California.
This case involved a 56 year-old woman who suffered a mild traumatic brain
injury after a vehicle accident. Her vehicle was struck from behind at
a traffic light by a truck whose driver claimed his brakes failed. The
victim had no fractures, but underwent an emergency craniotomy to evacuate
a subdural hematoma, and suffered cognitive effects in the months following
This settlement was achieved by Bostwick & Peterson, LLP for neonatal
blindness injuries to triplets born prematurely. These injuries were caused
to the infants by retinopathy of prematurity. Our attorneys argued that
the overseeing neonatologists and pediatrician should have diagnosed and
treated the children’s proliferative retinopathy prior to causing
permanent vision loss. We achieved a confidential settlement for our clients
for failure to diagnose in a timely manner.
We achieved this birth injury settlement in California, setting a state
record, after doctors failed to carefully monitor the unborn child during
critical points prior to delivery. When overseeing healthcare practitioners
did resume appropriate monitoring, the baby was already in distress, and
suffered profound cerebral palsy as a result. The child will require 24-hour
care for life as a result of the injury. This confidential settlement
is the sum of the cost of an annuity to fund the settlement in addition
to the agreed-upon cash total.
This settlement set the record for an obstetrical case. The settlement
was achieved on behalf of a child, now age 3, who suffered a birth injury.
The mother, age 17, had a normal prenatal course before being admitted
to the hospital for a trial of labor. The baby’s heart tones were
normal. Clear fluid was revealed after membranes ruptured, and subsequently
variable and late decelerations with retained variability developed. For
approximately four hours prior to birth, the baseline became tachycardic
and significant mixed late and variable decelerations with slow recovery
persisted during that time. In addition, the mother sustained a 38.5 fever
The child is now a spastic quadriplegic as a result of these injuries,
and is tube-fed with global delays including severe brain damage. We argued
that there was clear evidence of non-reassuring fetal heart tones, which
should have warranted earlier intervention. We also argued that the child’s
life expectancy was near normal, in contrast to the defense’s claims.
The confidential settlement is believed to have set the record for an
obstetrical case in its state.
This wrongful death settlement broke the existent record, and was a case
of failure to diagnose a coronary artery disease in the patient—a
38 year-old executive and married father.
The case was set in San Francisco. The patient was an athletic man who
visited a clinic before going to the airport for a scheduled flight to
Colorado and then Mexico, stating that his chest felt tight. His EKG read
normal and there were no existent cardiac risk factors. The doctor told
him that his chest tightness was caused by muscle strain, and allowed
him to get on his plane.
The patient died just seven days later. His tissue was decomposed by the
time his body was returned to California, and there was no visible evidence
of myocardic infarction. There was, however, an 85% sclerotic lesion in
his right coronary artery and congenital narrowing of the left coronary
artery. Our firm fought on behalf of his family, contending that his death
was caused by myocardio-ischemia. We believe this was the largest pre-judgment
medical malpractice settlement to be achieved at any time in the state
This record trial judgment occurred in Hawaii and was achieved in a birth
injury case for improper use of vacuum extraction and failure to deliver
in a timely manner. We tried this case against the United States government
in the Federal District Court of Hawaii, contending that improper management
of labor and delivery caused the child’s injuries. We tried two
cases, at the request of the defendants, regarding the statute of limitations
and, separately, on the medical issues of the case. Our lawyers were successful
in both cases, tried six months apart, and achieved what we were informed
at the time was the highest award for an individual in a medical malpractice
case to be achieved in the Ninth Circuit.
This record settlement was achieved on behalf of a 16 year-old who suffered
a brain injury due the anesthesia errors during a knee surgery that took
place in Tulsa, Oklahoma. This case took place in a jurisdiction known
for being extremely conservative, and was hotly contested. Before this
case, the highest judgment or settlement in Oklahoma state history was
just $2.2 million. We won this case in a settlement with a present case
value of about $8 million.
We achieved this award on behalf of our client, a 58 year-old woman who
sustained a brain hemorrhage as the result of a cerebral aneurysm—contending
that her radiologists should have noted the aneurysm on a scan conducted
two years previously. At that point, the aneurysm could have been treated
easily. In addition, our attorneys argued that our client’s neuroradiologist
was insufficiently trained and failed to use the proper technique in perforating
the aneurysm, resulting in a brain hemorrhage and subsequent brain injury.
We obtained this confidential resolution on behalf of a child who experienced
a normal delivery but suffered a subsequent neonatal brain injury. Upon
developing respiratory trauma, the attendant nurse failed to ensure the
proper immediate response. By the time the respiratory problem was attended
to, the respiratory therapist blew out the infant’s lungs, causing
one to collapse. This was not properly diagnosed, and doctors thus failed
to re-inflate the lung sufficiently, resulting in severe cerebral palsy.
The child now requires 24-hour care.
Bostwick & Peterson, LLP represented a child who suffered partial vision
loss, partial paralysis, and brain damage due to cardiac arrest that occurred
during the course of a hernia surgery undergone to repair a urological
problem. Our attorneys argued that the anesthesia machine that was used
in the surgery malfunctioned both due to improper design and negligent
maintenance. The infant was ruled only mildly cognitively impaired, and
experts agreed he would be functionally ambulate in adulthood. The case
achieved an out of court settlement of $7.76 in cash.