I am pleased to report a verdict of 1.7 million dollars in an obstetrical brachial plexus case in Massachusetts today. The verdict is important as the injury was to the child's posterior arm. In the past cases involving injury to the posterior arm have been very difficult to win and many lawyers have declined cases that involved the posterior arm. Over time a small of group of lawyers, obstetricians, neurologists , surgeons and nurses have been working very hard to understand how to better present brachial plexus cases in general, and posterior arm injuries in particular to juries. I was pleased to be part of that group and used what we have learned in this trial with success.
Hopefully, we will now be better able to present cases involving the posterior arm to juries. More important, a beautiful young girl who was injured through no fault of her own will now be able to get a head start in life. Money, no matter how much, can ever replace what your beautiful children have lost. Every time a jury understands that brachial plexus injuries are avoidable with proper care by the obstetricians and midwives and awards a verdict to you and your children it increases awareness and we hope sends a strong message that physicians must be careful to avoid excessive traction on the baby's head and neck at delivery. Although we know so much more about how to present the medicine to juries we still lose cases, and I expect still will. Some juries just do not want to hear the truth. Despite that, the fight for truth continues. Keep the faith.
Ken Levine
Klevine@Klevinelaw.com
http://www.Klevinelaw.com
617-566-2700
Verdict-posterior arm
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- Posts: 92
- Joined: Sun Jul 27, 2008 7:15 pm
Re: Verdict-posterior arm
Thanks Ken for posting this good news....that is great for that little girl!!
Keeping the faith.....Crystal and Blake
Keeping the faith.....Crystal and Blake
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- Posts: 3242
- Joined: Mon Nov 18, 2002 4:11 pm
- Injury Description, Date, extent, surgical intervention etc: I am ROBPI, global injury, Horner's Syndrome. No surgery but PT started at 2 weeks old under the direction of New York Hospital. I wore a brace 24/7 for the first 11 months of my life. I've never let my injury be used as an excuse not to do something. I've approach all things, in life, as a challenge. I approach anything new wondering if I can do it. I tried so many things I might never have tried, if I were not obpi. Being OBPI has made me strong, creative, more determined and persistent. I believe that being obpi has given me a very strong sense of humor and compassion for others.
- Location: New York
Re: Verdict-posterior arm
Great news!
Nice to know that people are becoming educated on this injury.
As a result of this verdict, this little girl with not have to be burdened with excessive medical expenses that she cannot afford to pay.
While this sounds like a lot of money... over the course of our lifetime with obpi we have so many medical expenses that are a result of obpi. People often don't understand the impact this injury has on our entire body and the many secondary injuries we deal with.
Thanks for posting this Ken.
Nice to know that people are becoming educated on this injury.
As a result of this verdict, this little girl with not have to be burdened with excessive medical expenses that she cannot afford to pay.
While this sounds like a lot of money... over the course of our lifetime with obpi we have so many medical expenses that are a result of obpi. People often don't understand the impact this injury has on our entire body and the many secondary injuries we deal with.
Thanks for posting this Ken.
Kath robpi/adult
Kathleen Mallozzi
Kathleen Mallozzi
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- Posts: 557
- Joined: Fri Nov 02, 2001 11:59 am
- Injury Description, Date, extent, surgical intervention etc: Right arm OBPI One surgery at age 40 Ulnar nerve retransposition
- Location: Florida
Re: Verdict-posterior arm
Thanks for bringing this to our attention. I totally agree with what Kath has said. This is a cradle to grave injury with alot of pain in between. Thanks Ken
Judy49 (ROBPI)
Judy49 (ROBPI)