Hypoxic Ischemic Brain Damage - $5,000,000 Present Value Settlement

Our birth injury settlement attorneys obtained a mediated settlement in a major obstetrical injury case involving anoxic brain damage and hypoxic ischemic encephalopathy. The case was brought on behalf of a two-year-old Sonoma County boy who sustained global brain damage when fetal distress was neither noted nor responded to during his birth. The settlement also included resolution of his parent's claims for emotional distress and his potential future wrongful death. The parents recovery was limited to the unfair and discriminatory limit of $250,000 per claim imposed by California's outdated MICRA statute. A special needs trust was established with an initial corpus of more than $1,250,000 into which future annuity payments (commencing at $5,000 per month, increasing at 5% annually, for life, guaranteed 20 years) are to be deposited. A second, separate, annuity will begin paying an additional $4,000 per month, increasing at 4% per year, when the child reaches his 18th birthday. Because the child is eligible for both CCS and Regional Center benefits until he reaches the age of three, the past out of pocket expenditures made by the parents have been modest - as a result, the settlement was designed to be back-loaded (and guaranteed) to protect against the cost of custodial and attendant care in a home-based environment in the future. The settlement is believed to be among the largest ever negotiated on behalf of a North Bay plan member of this HMO.

If your child has suffered a birth injury, we want to hear your story. If medical negligence or medical malpractice was involved, our lawyers want to help. Contact the attorneys at Walkup, Melodia, Kelly & Schoenberger in San Francisco for a free consultation.

Walkup, Melodia, Kelly & Schoenberger
Brain Damage Attorneys
San Francisco, California

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