MEDICAL NEGLIGENCE: Confidential Settlement Against Ob/Gyn and Hospital in Brain Damaged Baby Case

Douglas C. Weinstein represented Mary Hensley and her son, Logan, in this medical negligence case. Mary, known to her friends as "Peanut," came to Fort Sanders Regional Medical Center in full labor. She showed evidence of infection, and early on was noted to have a foul smell about her. Despite showing signs of fetal distress from an early point in the labor, the Ob/Gyn, Dr. Stephen Pierce, and the Fort Sanders nurses failed to take effective action either to stabilize the fetus or to take Peanut for an emergency caesarian section. The hospital's chief of Ob/Gyn was on the floor at the time. He was informally advised of the situation by one of the nurses. He was of the opnion that the baby should be taken for C-Section right away. Nevertheless, the nurse did not invoke the formal chain of command procedure to try to get the baby out, and Dr. Pierce disregarded his chief's advice. Finally, four hours after the first signs of fetal distress, Dr. Pierce ordered a C-section.

Logan suffered profound brain damage as a result of this inexcusable delay. He will likely never walk, talk or see normally. He will require high levels of care for his entire life.

Doug retained a life care expert to determine the value of the future care Logan would require, and put that care into monetary terms. The life care expert prepared a report that the cost of taking care of Logan over a normal life expectancy would come to approximately $18 million.

Shortly after Doug filed suit against Dr. Pierce and the hospital on Peanut's and Logan's behalf, Dr. Pierce filed a bankruptcy petition in federal bankruptcy court. Doug attended a creditor's meeting, and learned that Dr. Pierce had no real assets, and had insurance policy limits of $1 million.

Before trial was scheduled, the parties settled for a confidential sum. With Doug's help, Peanut set up a Special Needs Trust to administer funds for Logan's benefit, and to make sure that Logan could continue to receive TennCare benefits even after the settlement.

For More Information Contact:

Douglas C. Weinstein
Slovis, Rutherford & Weinstein, P.L.L.C.
Eighth Floor, Medical Arts Building, 603 Main Avenue, Knoxville, Tennessee 37902

Tel: (865) 544-0550

Toll Free: 866-LAW-KNOX [529-5669]

FAX: (865) 637-2372

Email: dcw@knoxlawyers.com