Mother and Child v. Surgeon 2015
TCNF trial attorney Cynthia Newton obtained a confidential multiple 7-figure settlement shortly before trial on behalf of a 27-year-old mother and her son, who was delivered after a surgeon performing a laparoscopy to look for a suspected appendicitis entered her uterus with the operative trocar. While the baby was not injured in the accidental entry, responding surgeons determined he needed to be delivered right away because of the damage to the uterus. At 26 weeks’ gestation, the child went on to suffer periventricular brain bleeds, which lead to cerebral palsy. Cynthia developed expert testimony showing that child, who was 5-years of age at the time of settlement, had a life expectancy of up to 35-40 years, significantly increasing his future economic damages as articulated by her retained life care planner. The settlement funds were placed in a Supplemental Needs Trust, funded by a corpus and annuities, ensuring the child will remain eligible for Medicaid over his lifetime. No evidence of appendicitis—or other cause of mother’s symptoms—was ever determined.