$8,000,000 Settlement

Medical providers at the Darnall Army Medical Center failed to timely and appropriately treat a high-risk pregnancy, which resulted in a traumatic delivery. Their negligence permanently disabled the baby causing developmental delays, brain damage, cerebral palsy, and feeding difficulties. The child will require lifelong attendant supportive care.

Elliott v. United States

In a recent Army hospital birth injury settlement, our team at National Trial Law secured an $8,000,000 settlement on behalf of a military family. Our clients received negligent and substandard care during labor and delivery at Darnall Army Medical Center in Fort Hood, Texas, which resulted in their baby’s severe life-long injuries. National Trial Law partners Jamal Alsaffar and Tom Jacob helped secure this result along with their co-counsel from Michigan, Jesse Reiter and Anne Randall of the Reiter & Walsh Firm.

Our client was admitted to the Darnall Army Medical Center for labor and delivery with high blood pressure. After continuous elevated blood pressure readings from the mother, the baby’s fetal monitor strip began to show signs of fetal distress. Even after continued distress, and even though the mother was contracting every thirty seconds to three minutes, medical providers increased Pitocin dosage (a drug used to help deliver babies). This caused the mother to have uterine hyperstimulation and deprived the baby from receiving adequate oxygen. The baby’s fetal monitor strip alerted the healthcare providers to the baby’s dangerous oxygen loss, but the baby’s distress was ignored for hours. At delivery, the baby was born blue with no tone or respirations.

The government’s negligence caused the baby to suffer severe brain damage due to a lack of oxygen and is permanently disabled. The child will require attendant, medical, and supportive care for the rest of his life. We are honored to reach a result that will ensure this military family gets the support and care their child needs for the rest of his life.

$230,000,000 Judgment

Our attorneys led the charge in a $230m judgment for victims of the Sutherland Springs mass shooting. After a complex, two part trial, federal Judge Xavier Rodriguez found the United States Air Force 60% at fault and ordered them to pay $230 million in damages to survivors and family of the mass shooting.

In July, the federal judge determined that the military was 60% at fault in the shooting. Our attorneys successfully argued that had the shooter’s violent history been disclosed to the FBI, the shooting would have been prevented. United States Attorneys argued that they were 0% liable for the mass shooting.

During trial in November, the federal government offered $31 million in total to the victims of their families. The sum was less than 10% of the $400 million requested by families and victims. National Trial Law attorneys including Jamal Alsaffar and Tom Jacob asked the federal judge to take emotional damages just as seriously as physical damages.

For more information about this case, click here.

$44,717,681 Trial Judgment

An infant was injured at birth as a result of pregnancy induced hypertension at the Sheppard Air Force Base Hospital, which resulted in a profound brain injury. Our client recovered $15,752,732 net-to-client with lifetime benefits.

$32,676,410 Trial Judgment

At Darnall Army Community Hospital in Fort Hood, Texas, a doctor’s improper use of forceps crushed a baby’s skull, leading to massive brain damage, requiring lifetime care. $23,250,000 was awarded on appeal and $18,967,710 was received by the clients, including lifetime benefits.

$21,592,643 Trial Judgment

Our client went to the Manchester Veterans Affairs hospital with a minor stroke. The providers failed to diagnose the cause of his stroke and failed to prevent a second, larger stroke—causing our client locked in syndrome. We received a $21,592,643 trial judgment and our client recovered $15,884,511.98 in trust for clients with lifetime benefits. Other fees include $5,398,160.76 for attorneys’ fees and $309,970.29 in litigation expenses.

This was the largest individual personal injury award in New Hampshire history against the Manchester VA system for medical malpractice. We won $21.5 million in damages for veteran Michael Farley and his family for medical malpractice. According to The Washington Postbefore our firm’s record win in 2015, the previous highest award in New Hampshire was in a 2012 pharmaceutical case later overturned by the U.S. Supreme Court. Since The Boston Globe expose on the Manchester VA hospital in July 2017, the federal government removed two top officials and ordered an investigation.

Like Mr. Farley, there are many victims of medical malpractice at the Manchester VA. Dr. William “Ed” Kois, former head of the Manchester VA spinal cord clinic, along with 11 physicians and staff contacted a federal whistle-blower agency saying that the Manchester VA endangers patients. The US Office of Special Counsel found a “substantial likelihood” of legal violations, gross mismanagement, abuse of authority, and a danger to public health. Victims of VA medical malpractice at the Manchester VA need experienced lawyers fighting for their rights.

Contact us today if medical malpractice at the Manchester VA injured you or a loved one. If you were injured by medical malpractice, you may be entitled to money damages from the VA. Veterans and their families can sue the VA for medical malpractice.  You can win damages for pain and suffering and for lifetime medical costs, therefore your medical care can be outside of the VA system.  Our lawyers are ready to help you seek justice and compensation for your injuries.

$18,708,734 Trial Judgment

At Fort Hood Army Base in Killeen, Texas, providers failed to properly respond to a fetal heart rate monitor, causing the child to suffer a hypoxic-ischemic encephalopathy. A post-trial settlement resulted in $12,000,000 and $8,704,761 was received by the clients with lifetime benefits. Other fees include $3,000,000 in attorneys’ fees and $295,238 in litigation expenses

$13,690,648 Trial Judgment

Navy doctors failed to properly prescribe prenatal vitamins containing folic acid which resulted in our client suffering a devastating spinal cord injury known as spina bifida. We settled the case for $12,500,000 and the client received $9,183,752 including lifetime benefits. Other case fees include $3,125,000 for attorneys’ fees and $191,248 in litigation expenses.

$10,000,000 Settlement

During delivery, our client’s fetal monitoring alerted providers to multiple episodes of bradycardia that went ignored. Failure to properly interpret fetal monitoring and failure to properly resuscitate at birth caused global brain damage. Our client recovered $7,384,854 with lifetime benefits. Other case fees include $2,500,000 for attorneys’ fees and $115,143.23 in litigation expenses.

$8,750,000 Settlement

An Army employee fell asleep at the wheel of a car and rear ended a stalled vehicle at 85 miles per hour. We settled the case for $8,750,000. Other case fees include $2,187,500 for attorneys’ fees and $228,448 in case expenses.

Case details

A U.S. Army employee was returning from military training and was driving down a Texas highway headed east in his own personal vehicle. On the same road, a vehicle fire had blocked and backed up traffic for at least two hours. The weather and roadway was dry and without rain. State troopers were present on the scene and directing traffic. At some point, the Army employee fell asleep at the wheel of a car and crashed into a line of cars backed up from the fire. He was driving at 85 miles per hour. The first car struck was occupied by two passengers and they were both wearing their seatbelts. There were no skid marks left by Army employee’s truck, indicating that he did not apply his brakes. The car was totaled. The frame, windows, and panels were all broken and demolished. One passenger was air-flighted to the hospital in critical condition. The other passenger was pronounced dead at the scene. The Army vehicle collision into the first car with so much force, it was forced into a Ford F250 pickup truck, which in turn crashed into a silver Chevrolet Dually pickup truck. All cars and trucks—other than the Army employee’s—were stopped and waiting for the fire to clear. When the Army employee woke up, he exited his vehicle and asked witnesses “Did I do this?” He refused medical attention multiple times. After the crash, a state trooper approached him to ask him questions about what happened, but he said he wanted his lawyer and refused to answer any questions. We represented the family and pursued the case against the U.S. Government for negligence.

$8,700,000 Jury Verdict

Products Liability

Confidential settlement following appeal; clients received over $4.3 million after attorneys’ fees and expenses.

Muth v. Ford Motor Co.

Riyadh, Saudi Arabia

Our client, an Army Major, became a tetraplegic when the roof of a Crown Victoria in which he was a passenger was crushed in on him during a rollover. We were able to show that a nine dollar repair that involved adding steel to the roof would have prevented our client’s injuries.

$7,860,000 Settlement

While in labor, the negligence of medical providers at Bassett Army Community Hospital left a newborn with spastic quadriplegic cerebral palsy and development delays. This physical condition substantially and permanently limits the child’s major life activities. We represented the family of the child in the case. Our clients received $5,705,987. Other fees include $1,965,000 in attorneys fees and $134,156 in case expenses.

Roberts v. United States

$7,450,000 Settlement

Moments before a jury was selected in Los Angeles County, a delivery truck owner settled this case, with our Austin client whose legs were crushed by a dumpster recovering in excess of $4.3 million. Other fees from the case include $2,980,000 for attorneys’ fees and $160,800 in case expenses.

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