Feldman Shepherd Secures A $5.3 Million Settlement In "Failure to Perform Body Cooling" Case

PHILADELPHIA, Aug. 24, 2017 /PRNewswire/ -- This spring of 2017, Feldman Shepherd attorneys Daniel S. Weinstock, G. Scott Vezina, and Carolyn M. Chopko secured a $5.3 million recovery in favor of their client , who suffered significant brain damage when her doctors failed to transfer the baby to a regional hospital where she could receive body cooling therapy in order to minimize the impact of her birth injury.

The baby was born significantly depressed, at a woefully underinsured birthing center in rural Florida.  She was immediately transported to a local hospital that had a pediatrician on staff but no neonatologist and no ability to perform body cooling therapy.  According to his testimony, the pediatrician in charge of the baby's care was generally aware of body cooling therapy but at the time was under the impression that it was a new and experimental treatment.  Accordingly, he waited overnight before having the depressed baby transported to a regional hospital that was capable of providing a higher level of care.  Unfortunately, body cooling therapy must be initiated within a few hours of birth, and the pediatrician's failure to order the transport immediately deprived this baby of an opportunity to receive this treatment.

Body cooling was considered investigational in its early stages, but by the late 2000s its benefits had been fairly conclusively established in reducing and even preventing permanent brain injury to term newborns suffering from severe acute birth asphyxia.  This child, born in 2014, was absolutely a candidate for this therapy that had become fairly standard by the time she was born.  Attorneys Weinstock, Vezina and Chopko put together a compelling argument that the failure to transfer her to a regional hospital early enough to receive this therapy was negligent and significantly contributed to her outcome of cerebral palsy.

Feldman Shepherd is unaware of any previous cases in the country where a recovery has been made in a case involving negligent failure to perform body cooling.

"For so many years there was nearly nothing doctors could do in the neonatal intensive care units to help these poor babies with birth injuries. We finally have a treatment that really works, and it was so frustrating to see a missed opportunity to help this poor child because the doctor was not paying attention to medical advances. It is my hope that this recovery for the family will help to educate other doctors about this therapy, so that the next baby will have a better chance at making a full recovery," said attorney Daniel S. Weinstock.

All inquiries regarding this case should be directed to attorney Daniel S. Weinstock at 215-567-8300.

Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP has recovered some of the largest verdicts and settlements in Pennsylvania, New Jersey and several other states across the country. The firm represents plaintiffs in significant personal injury and complex civil litigation including medical malpractice, birth injury, motor vehicle accidents, defective products, and crashworthiness claims.

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SOURCE Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP

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