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Birth Injury

From Prevention To Palsy: How Most Birth Injuries Occur

Birth Injuries

Learning that your newborn baby has birth injuries is a horrific experience. You have questions. And you want answers—along with help, direction, resources…and justice. Not to mention fair compensation for your birth injury negligence settlement so that you can pay for care and services for your child. This is especially important when your child’s care requirements will be ongoing. There are a number of causes of birth injuries, the great majority of which are related to medical negligence. These include errors on the behalf of doctors, surgeons, medical staff, nurses, and hospitals. In cases of birth injuries resulting in palsy, for example,...

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Legal Help For C-Section Birth Injuries

C-Section Birth Injuries

C-Section Birth Injuries are unfortunately a common occurrence. Cesarean section (also called C-section) births are often performed with the intent to avoid injury to both mother and child. Common reasons for performing them include fetal distress, a mother’s high blood pressure, breech position of a baby, and the need to deliver multiple babies.  Unfortunately, C-sections themselves sometimes result in birth injuries. Such injuries can include fetal lacerations (which can additionally result in Erb’s Palsy, fractures, and cervical cord injuries, among other things), anesthesia injuries, maternal surgical injuries, infections, blood clots, hemorrhages, and even death.1,2 Further, delays in performing C-sections can not only...

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Mallard & Sharp Achieve Highest Medical Malpractice Verdict in Miami Dade

Highest Medical Malpractice Verdict

Mallard & Sharp, P.A. is proud to announce their achievement of obtaining the Highest Medical Malpractice Verdict of the Top 100 Verdicts of 2017, and the 9th largest verdict for the entire state in 2017. Under the professional direction of founding member Richard “Bo” Sharp, Esq. and co-counsel Vidian Mallard, the firm successfully attained the highest medical malpractice verdict in Miami Dade in the amount of $33,153,912.00 in the case of MARLA DIXON, EARL REESE-THORNTON, and ER v. The United States of America, of E.R., a minor, Case No.: 1:15-cv- 23502 (case type Birth Injury, Medical Malpractice, Personal Injury, Professional Negligence, and...

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Feds Pay $1.25 Million To End Baby Brain Damage And Death Suit

Brain Damage

By Y. Peter Kang Law360 (May 2, 2019, 8:09 PM EDT) -- A Florida federal judge has approved a $1.25 million settlement to resolve a suit accusing a federally funded health clinic of negligently causing a newborn's brain damage, which ultimately resulted in his death 14 months later. U.S. District Judge Marcia G. Cooke signed off on the deal to end a Federal Tort Claims Act suit accusing Dr. Carlos A. Rodriguez, an employee of Citrus Health Network Inc., of failing to timely perform an emergency Cesarean section on patient Dayami Hernandez, which caused her son to suffer permanent and severe brain...

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Feds Can’t Recoup From $33M Award If Child Dies: 11th Circuit

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By Y. Peter Kang Law360 (August 17, 2018, 10:01 PM EDT) -- The Eleventh Circuit on Friday largely affirmed a trial judge’s post-verdict decisions in a suit accusing a federally funded health clinic doctor of causing a newborn’s brain damage, saying the federal government can’t recover portions of a $33 million award verdict if the child dies earlier than expected. In a published opinion, a three-judge Eleventh Circuit panel unanimously affirmed the trial judge’s decision rejecting the federal government’s bid to implement a reversionary trust that would allow it to recoup potentially millions of dollars earmarked for the future medical costs and...

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Dangerous Doctors: Malpractice lawsuits rarely lead to discipline

Attorney Richard Bo Sharp discusses malpractice lawsuits

Original Source: By STEPHEN HOBBS, SUN SENTINEL, NOV 19, 2017 | 4:30 PM Dr. Pachavit Kasemsap faced payouts of nearly $3 million in five medical malpractice lawsuits over five years. Patients accused him of slicing an aorta while trying to remove a gallbladder, cutting an artery to a liver, and connecting a woman’s rectum to her vagina. Florida lawmakers have long recognized that medical malpractice lawsuits are a warning sign for dangerous doctors. But state health officials never took action against Kasemsap. https://youtu.be/Bqyo3zT7x1o The state Department of Health is required to review every malpractice lawsuit filed against Florida doctors to identify and punish problem doctors....

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Miami doctor’s call to broker during baby’s delivery leads to $33.8 million judgment

Dixon

Original Source: Miami Herald, By Daniel Chang, UPDATED MAY 02, 2017 08:08 PM Marla Dixon was in the final stage of labor and ready to deliver a baby boy when the obstetrician arrived at her bedside at North Shore Medical Center in Miami. It was not a high-risk pregnancy. But over the next 90 minutes, the doctor made a series of missteps that led to a tragic outcome for Dixon and her baby — and a $33.8 million judgment, according to a federal lawsuit. https://youtu.be/TLrreU3JHqI The doctor ordered nurses to restart a drug to strengthen contractions, failed to perform a Cesarean section — and...

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Mallard & Sharp successfully represent family of infant disabled during delivery

Judgement Award Settlement

Mallard & Sharp, P.A. celebrated a bittersweet victory this week, receiving a $33.8 million verdict on behalf of a brain damaged baby. MIAMI (April 24, 2017) – Medical malpractice attorneys for the law firm of Mallard & Sharp, P.A.  celebrated a bittersweet victory this week, receiving a $33.8 million verdict on behalf of a brain damaged baby.  The Court held that the catastrophic brain injury was caused by Dr. Ata Atogho’s failure to order an emergency C-section and the continued administration of the contraindicated delivery drug Pitocin.  The Court also found that Dr. Atogho’s failure to offer and perform a C-section...

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Miami Gardens family wins $33.8 million medical malpractice award against federal government

Health Center

Community health center patient gets damages for son's brain damage during birth Original Source: By Andrea Torres - Digital Reporter/Producer WPLG Local10.com Posted: 1:51 PM, April 20, 2017 MIAMI - The federal government will have to pay a Miami Gardens family a $33.8 million medical malpractice award in a medical malpractice lawsuit after a judge ruled on Monday that a federally employed doctor's decisions caused a teen's baby boy to suffer irreversible brain damage. U.S. District Judge Robert N. Scola awarded the baby's mother, Marla Dixon, $3.3 million, and the father, Earl Reese-Thornton, $1.1 million for their pain and suffering. Scola awarded $21.7 million for the boy's economic damages...

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Federal Gov Hit With $34 Million Verdict In Brain Damage Birth Injury Case

Birth Injuries

By Y. Peter Kang Law360, Los Angeles (April 17, 2017, 10:17 PM EDT) -- A Florida federal judge on Monday put the federal government on the hook for $33.8 million after ruling that a doctor at a federally funded health clinic failed to order a cesarean section delivery, leading to a newborn’s irreversible brain damage birth injury. Following a four-day bench trial in March, U.S. District Judge Robert N. Scola Jr. found that Dr. Ata Atogho, an employee of the Jesse Trice Community Health Center, negligently performed a vaginal delivery of Marla Dixon’s and Earl Reese-Thornton Sr.’s son, Earl Jr., despite repeated...

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