Largest Settlements of 2007

As listed in Massachusetts Lawyers Weekly, January 28, 2008

Lubin & Meyer most productive law firm again with
18 settlements of $1 million or more in 2007

Related excerpts from Massachusetts Lawyers Weekly article

$5 million - Newborn in fetal distress suffers brain damage
Plaintiff’s counsel: Andrew C. Meyer Jr. and Robert M. Higgins, Lubin & Meyer, Boston
The plaintiff mother was expecting the birth of her second child, and prenatal testing showed a well-developed, healthy baby. Labor continued without complications until the baby’s heart rate showed persistent late decelerations. The obstetrician allowed the labor to continue and did not perform a Caesarean section. The mother was cared for by two defendant nurses, who recognized the problems in the baby’s heart rate, but continued to administer Pitocin. The plaintiffs claimed that there was clear evidence of fetal distress and that the defendants failed to intervene. The baby is severely developmentally delayed and has spastic quadriparesis, a result of severe hypoxic ischemic encephalopathy. The defendants were prepared to present opinions stating that the baby was injured before the mother arrived at the hospital.

$4.9 million - Infant suffers fetal distress; born with cerebral palsy
Plaintiff’s counsel: Andrew C. Meyer Jr. and Krysia J. Syska, Lubin & Meyer, Boston
The plaintiffs were expecting the birth of their third child. The two prior pregnancies were complicated by premature and difficult deliveries, so the plaintiff wanted a Caesarean section to avoid any of the problems she experienced with her prior deliveries. Rather than schedule a C-section, the defendant obstetrician elected to induce delivery using Picotin. The nurses noted that the plaintiff had begun leaking green meconium-stained amniotic fluid, yet no steps were taken to stop the Pitocin or deliver the baby. The plaintiff was not offered a C-section delivery. Once delivered, the newborn began exhibiting seizures. The child was diagnosed with cerebral palsy. He cannot walk, talk or sit unsupported. He requires a feeding tube and assistance with all aspects of daily living.

$3 million - Patient sustains brain injury following surgical procedure
Plaintiff’s counsel: Andrew C. Meyer Jr. and William J. Thompson, Lubin & Meyer, Boston
The plaintiff presented to the hospital complaining of chest pain with shortness of breath and was transferred to the medical intensive-care unit. The defendants were asked to perform a procedure on the plaintiff’s chest, but the plaintiff became pale and hypotensive, the procedure was aborted, and the plaintiff was resuscitated with intravenous fluids and fresh, frozen plasma. While in the operating room, the plaintiff suffered cardiac arrest. A neurology consultation showed that the plaintiff had suffered some degree of brain injury. He continues to suffer from neurologic deficits, requires supervision and is unable to work.

$2.5 million - Cord wrapped around baby’s neck; child suffers from seizures
Plaintiff’s counsel: Andrew C. Meyer Jr. and Robert M. Higgins, Lubin & Meyer, Boston
The plaintiff was admitted to the hospital for induction of labor, which was uneventful, and she began pushing. The defendant obstetrician applied a vacuum extractor in an effort to deliver the baby, who was not breathing and had no reflexes at birth. His umbilical cord was wrapped loosely around his neck. A pediatrician was not paged until 11 minutes after birth and did not arrive until 32 minutes after birth. The child still suffers from seizures, is unable to walk or talk, and is blind. The defendants were expected to present expert medical testimony indicating that they did everything they were expected to do under a very difficult set of circumstances.

$2 million - Part of colon removed after delay in diagnosis
Plaintiff’s counsel: Andrew C. Meyer Jr. and Robert M. Higgins, Lubin & Meyer, Boston
The plaintiff noted a small amount of blood in his stool and was referred to the defendant gastroenterologist. He was instructed to take home three hemoccult cards so that he could have his stool tested. There was no plan to perform a sigmoidoscopy or colonoscopy. A few weeks later, the plaintiff was informed that there was not blood in his stool. There were no follow-up visists scheduled. The plaintiff then presented to his PCP with bright-red rectal bleeding. The defendant then ordered a colonoscopy, which revealed a large mass in the rectum. The plaintiff had a portion of his colon removed and had a permanent colostomy placed. The plaintiff was prepared to offer expert medical evidence that the defendant was negligent when he failed to perform visualization of the colorectal area. The defendant was expected to present evidence that the standard of care did not require an immediate colonoscopy or sigmoidoscopy.

$2 million - Woman’s leg amputated for lack of blood flow
Plaintiff’s counsel: Andrew C. Meyer Jr. and Robert M. Higgins, Lubin & Meyer, Boston
The plaintiff told the nurse practitioner that she had been struck by an automobile in a parking lot a few days earlier. The defendant noted that the plaintiff had a large abrasion to her left leg with some purulent drainage and a large bruise on her back. The plaintiff was then examined by her primary care physician. Because of his concerns of a decrease in blood flow, the PCP made an appointment for the plaintiff to see a surgeon. The defendant surgeon noted that the toes on the plaintiff’s left foot were bluish in color and felt cold. Despite certain findings, the surgeon indicated that it was fine for her to go on vacation the next day. The plaintiff felt her foot was worsening and went to another surgeon. She eventually underwent amputation of her left leg above her knee. The defendants were expected to present expert medical testimony that the defendants acted appropriately in their assessment and treatment of the plaintiff.

$2 million - Man, 78, succumbs to bowel obstruction
Plaintiff’s counsel: Andrew C. Meyer Jr. and William J. Thompson, Lubin & Meyer, Boston
The 78-year-old plaintiff’s decedent was seen in the Lowell General Hospital emergency department for complaints of constipation and was discharged home that day. The decedent returned to the emergency department, and an X-ray revealed a large amount of stool throughout the colon, suggesting constipation. The decedent eventually was taken to the ICU with peritonitis due to fecal contamination, sepsis syndrome and multi-organ failure. The decedent went into cardiac arrest and could not be resuscitated. Final autopsy diagnoses confirmed that the decedent’s death was due to acute diverticulitis with perforation and peritonitis. The plaintiff alleged that, as a direct result of the defendants' deviation from the standard of care, the decedent not only suffered a significant delay in diagnosis and treatment but also suffered aggravation by enemas and laxatives, which led to the decedent’s untimely death. The defendants contended that they were not negligent and that nothing they did or failed to do caused or contributed to the decedent’s death.

$2 million - Pap smears read as normal; cancer diagnosis made later
Plaintiff’s counsel: Andrew C. Meyer Jr. and Robert M. Higgins, Lubin & Meyer, Boston
In September 1998, the plaintiff had a pap smear that was interpreted by the defendant cytotechnologist and reported as showing no endocervical cells but within normal limits. In February 1999, the plaintiff had another pap smear. The slide was read by the cytotechnologist and the defendant pathologist, who reported the smear as showing "atypical squamous cells of undetermined significance." There was no further follow-up by either defendant. In March 2000, the plaintiff had another pap smear, which diagnosed malignant squamous cell cancer. The plaintiff was also found to have extensive cancer in both the right and left lymph nodes. She was found to have metastatic cancer in her lungs and liver. The defendants were prepared to offer testimony from a pathologist indicating that the pap smears were read properly and did not show any early cancer.

$1.9 million - Patient with headache dies of thrombus in brain
Plaintiff’s counsel: Andrew C. Meyer Jr. and Krysia J. Syska, Lubin & Meyer, Boston
The 27-year-old decedent presented to the hospital emergency department with complaints of a constant occipital headache for three weeks with blurred vision. A CT scan of the brain was reported as unremarkable. The decedent was discharged with instructions to follow up with her primary care physician within the next two days. The headache persisted, so she was admitted to the hospital for treatment of possible optic neuritis and to obtain a neurology consultation. She ultimately underwent an MRI of the brain, which was interpreted by the first defendant. The decedent remained hospitalized as her headache and vision loss continued. The neurologist did not order further imaging studies or tests. She was eventually declared braindead. The defendants were prepared to present expert testimony that the MRI was properly interpreted and did not show evidence of clot or thrombus.

$1.7 million - Patient dies of emboli after different diagnoses
Plaintiff’s counsel: Andrew C. Meyer Jr. and Robert M. Higgins, Lubin & Meyer, Boston
The plaintiff’s decedent presented to the defendant’s office with complaints of left-sided chest, shoulder and back pain that had originated in her lower left side. She was assessed by the defendant nurse practitioner, and it was noted that the decedent denied shortness of breath bur reported that it hurt to take a deep breath. The nurse practitioner performed a physical exam, which revealed that the decedent was hypertensive and tachycardic. The defendant physician cosigned the nurse practitioner’s note—and indication that he had reviewed the note and agreed with the assessment. Two days later, the decedent was found at her home in respiratory distress. An emergency echocardiogram revealed evidence of massive pulmonary emboli. The decedent quickly deteriorated, suffered cardiac arrest and was pronounced dead due to massive pulmonary emboli.

$1.5 million - Man claims unneeded surgery led to pneumonia, lung collapse
Plaintiff’s counsel: Andrew C. Meyer Jr. and Suzanne C.M. McDonough, Lubin & Meyer, Boston
A 48-year-old man was subjected to an unnecessary surgical procedure by the defendant orthopedic surgeon, resulting in serious complications and permanent injury. The defendant orthopedic surgeon lost his license to practice medicine. The defendant took the plaintiff for spinal surgery. After 17 hours, the defendant was unable to finish the surgery as planned. The plaintiff’s experts were prepared to testify that, based on the medical history and the pre-operative imaging studies, the plaintiff did not require the extensive surgery. Thereafter, the plaintiff developed pneumonia and a partial lung collapse. The defendant scheduled him for more surgery, and the plaintiff arrived at the hospital, but the defendant did not show. The plaintiff’s experts were prepared to testify that the defendant rendered substandard care to the plaintiff.

$1.5 million - Teen dies of nasal cancer; wasn't referred to specialist
Plaintiff’s counsel: Andrew C. Meyer Jr. and Adam R. Satin, Lubin & Meyer, Boston
The 19-year-old decedent died of a rare and aggressive sino-nasal cancer diagnosed during her senior year in high school. The plaintiff claimed that the defendants, the family practice physician and nurse practitioner failed to refer her to an ear, nose and throat specialist when she complained of problems with her nose and sinuses. The defendants maintained that the symptoms were consistent with allergies and were accompanied by symptoms consistent with harmless illnesses and that the cancer was already terminal as of the time of the first complaint of symptoms.

$1.2 million - Newborn sustains injuries from delayed intubation
Plaintiff’s counsel: Andrew C. Meyer Jr. and Suzanne C.M. McDonough, Lubin & Meyer, Boston
The plaintiffs claimed that the defendants failed to provide proper resuscitation to their son who was born depressed and in need of emergency resuscitation. The plaintiff’s pregnancy was uneventful until, at 35 weeks' gestation, she noticed that the baby was quieter than usual. Testing was non-reassuring, leading to notification of the obstetrician and a Caesarean section. At birth, the baby’s umbilical cord was round his neck twice. The defendants made unsuccessful attempts to intubate. The child suffers from significant developmental delays and profound neurological injury as the result of hypoxic ischemic encephalopathy. The plaintiffs claimed that the defendants were negligent when they failed to intubate the baby promptly. The defendants maintained that they provided proper care in compliance with the standards of care in place at the time.

$1 million - Patient diagnosed with breast cancer; claims MDs refused testing
Plaintiff’s counsel: Andrew C. Meyer Jr. and Krysia J. Syska, Lubin & Meyer, Boston
The 51-year-old plaintiff was diagnosed with right breast cancer in February 1998. At the time, she was told by both the defendant surgeon and defendant oncologist that the cancer was ductal carcinoma in-situ and that she did not need chemotherapy or axillary lymph node dissection to determine if any cancer had escaped the breast into the lymphatic system. The plaintiff and her family repeatedly asked the defendants to perform an axillary lymph node dissection and/or adjuvant chemotherapy or radiation therapy, to ensure that her cancer had not spread. Each physician refused, stating it was not standard practice with that type of cancer. Three years after the initial diagnosis, the plaintiff was diagnosed with metastatic breast cancer in 16 out of 21 lymph nodes, proving that she did, in fact, have invasive cancer at the time of her initial diagnosis.

$1 million - Patient dies of colon cancer following repeated complaints
Plaintiff’s counsel: Andrew C. Meyer Jr. and William J. Thompson, Lubin & Meyer, Boston
From 1997 through 2000, the 58-year-old plaintiff’s decedent made complaints that were unremarkable for colon cancer. In December 2002, the decedent complained of right-sided flank pain and experienced a decrease in weight. He was admitted to the emergency room with increasing abdominal distention, pain, decreased bowel movements and guaiac positive stools. A barium enema revealed a complete obstruction of the distal sigmoid colon, consistent with cancer. The decedent was discharged with terminal colon cancer and died. The plaintiff claimed that the defendant was negligent in failing to offer, recommend or perform colon cancer screening after the age of 50. The defendant contended that he was not negligent and that nothing he did or failed to do caused or contributed to the decedent’s death.

$1 million - C-section delayed; baby born with brain injury
Plaintiff’s counsel: Andrew C. Meyer Jr. and Suzanne C.M. McDonough, Lubin & Meyer, Boston
The plaintiff presented to the Metro West Medical Center in labor. The defendant examined the plaintiff and ruptured her membranes. At the time of rupture, the defendant noted meconium in the amniotic fluid, but told the plaintiff not to worry because her baby was doing well. The monitor began to show a series of fetal heart rate decelerations. The plaintiff expected to present evidence that a finding of decreased variability in the setting of meconium and fetal heart rate decelerations required the defendant to monitor the plaintiff and her baby very carefully. The plaintiff claimed that delivery by Caesarean section should have occurred, but instead the defendant allowed her to continue to labor. The minor plaintiff was delivered blue, limp and without heart beat or respiratory effort. The minor had suffered a hypoxic ischemic insult to her brain. The minor continues to suffer the effects of her brain injury. The defendant was expected to present expert testimony showing that the monitor tapes were normal until the last 30 minutes prior to birth.

$1 million - Diabetes goes undiagnosed; young man dies after seizures
Plaintiff’s counsel: Andrew C. Meyer Jr. and Robert M. Higgins, Lubin & Meyer, Boston
The 27-year-old plaintiff’s decedent, whose mother suffered from diabetes, went to the defendant complaining of mouth dryness with occasional soreness of his tonsils. The plaintiff stated that he had lost 11 pounds. Despite a family history of diabetes and symptoms consistent with diabetes, the defendant told the decedent that there was nothing to worry about. The defendant did not order any tests to check the decedent’s blood or urine glucose levels to determine whether he was a diabetic. The decedent then suffered two witnessed generalized seizures and was diagnosed with diabetic ketoacidosis, a state of insulin deficiency severe enough to cause brain swelling. He was pronounced dead days later. The defendant was expected to argue that the decedent did not die from undiagnosed diabetes, but rather from an underlying virus.

$1 million - Child undergoes eye surgery; blindness ensues
Plaintiff’s counsel: Andrew C. Meyer Jr. and Adam R. Satin, Lubin & Meyer, Boston
The minor plaintiff underwent bilateral eye muscle surgery to correct a congenital esotropia. Post-operatively, the minor developed an endophthalmitis, or infection inside the eyeball. The plaintiff alleged that the care rendered to the minor by his ophthalmologists was negligent and that his post-operative eye infection was not diagnosed in a timely manner, resulting in blindness of his left eye and putting him at considerable risk for enucleation of the eye. The plaintiff’s expert was prepared to testify that the defendants fell below the standard of care required of the average qualified ophthalmologist when they failed to evaluate the minor plaintiff when his mother called to report that he was not eating or drinking and that his left eye remained red and swollen post-operatively. The defendants maintained that the care and treatment rendered was appropriate and that nothing they did or failed to do caused or contributed to any harm suffered by the minor.

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Largest Settlements of 2007

Lubin & Meyer most productive law firm again with 18 settlements of $1 million or more in 2007

Lubin & Meyer most productive law firm again with
18 settlements of $1 million or more in 2007