$2.25M Settlement | Medical Malpractice | New York

This case involves a gynecologist who didn’t know her limits, thereby leading to a birthing mother suffering a 3rd-degree perineal tear during birth, followed by a failure of the doctor to properly diagnose and treat the tear, or to refer the mother to a specialist, and ultimately resulting in the mother suffering debilitating fecal and gas incontinence. In October 2014, the 34-year-old mother was admitted to the hospital for the birth of her first child. After being in labor for 15 hours, she was sent home when her contractions subsided. Three days later, on October 30, the woman was once again admitted in the early morning. When the initial treating doctor, Dr. A, ruptured Sheetal’s water at about 9 a.m., there was meconium (i.e., fecal matter) in the amniotic fluid and the baby was stuck in the Occipito-Posterior (i.e., sunny side up) position, so Dr. A told the woman she would need a c-section if the baby was not delivered naturally by that evening. As of 5:45 p.m., Dr. B had taken over as the treating doctor, and the mother began to push. For the next three hours, the baby was in distress, and the woman continued to push through excruciating pain. Even though, her birthing plan said she was okay with a c-section or an episiotomy, if needed. Dr. B never offered either. Then, at 8:45 p.m., Dr. B had her back turned and her hands removed from woman’s perineum when the baby’s head pushed through the birthing canal, resulting in a 3rd-degree perineal tear. At that time, Dr. B diagnosed the tear as a 2nd-degree tear (i.e., not extending to the anal sphincter), without doing a digital exam, and she proceeded to stitch it up. The next day, the woman complained about discomfort at the hospital, but she was assured everything was fine. Over the next six days, the woman suffered with incontinence to stool and gas, while she was caring for her newborn. When she saw Dr. B on 11/5/14 and said what was happening, the doctor performed a digital exam at that time, but once again concluded there was no damage to the anal sphincter (i.e., only a 2nd-degree tear). Dr. B made no referrals at that time and assured the woman the incontinence would subside. However, the incontinence continued, and when the woman saw Dr. B for her next follow up, on 12/15/14, the doctor finally referred her to a colorectal surgeon. When the woman saw that specialist, Dr. C, on 12/29/14, he performed an anoscopy and concluded that she had suffered a 3rd-degree tear during birth, but the surgical repair was not an option for at least six months. The woman did undergo a sphincteroplasty, on 5/6/15, but this was unsuccessful because she had c-deficile infections and constant diarrhea for weeks. The woman later saw Dr. D, another colorectal surgeon, who gave her the option of another sphincteroplasty or, alternatively, a sacral nerve implant. In January of 2017, the had the sacral nerve implant procedures. Shortly thereafter, when she was pregnant with her second child, she suffered a miscarriage due to the implant. As such, when the woman became pregnant again, in early 2019, she elected to have the implant removed and live with the incontinence.

Our Mission

Attorney Jeff Brody requested assistance from Total Trial Solutions with this complex medical malpractice case. Focus Groups were conducted to test case themes, damages, and liability. Attorney Brody also hired TTS to read over thousands of pages of medical records and create Medical Chronologies and Summaries for easy review. Lastly, TTS conducted various research and investigative services to lessen the burden for Attorney Brody.

Incident Location

Hear From the Trial Lawyer

“As I litigated this complicated medical malpractice case, TTS was with me every step of the way. Their guidance and support helped me secure an eight figure settlement for my client. I highly recommend their services.”
Jeff Brody
Trial Attorney

Our Work

Total Trial Solutions worked with Attorney Brody on this case for over a year. Here is a quick summary of the work we performed to assist our partner attorney.  

Focus Groups were held to test liability and uncover facts jurors “just couldn’t get over.” Sr. Focus Group Moderator John Kiselak read conflicting liability expert reports to a mock jury, and asked them who they thought was responsible for the perineal tear and why. As trial neared, Attorney Brody tested voir dire questions and his opening statement. 

Mr. Kiselak’s 37-page report included written responses to the opening statement, along with a verdict sheet, and an emotional impact chart, which allowed jurors to indicate the rate of emotional impact the case had on them. 

Medical Record Support

There were thousands of pages of medical records in this case, stemming over the course of several years, that needed to be reviewed and organized. To save time, Attorney Brody hired TTS to create Medical Chronologies, which made for easy review and reference. TTS reviewed and mapped over a 1000 pages of medical records and highlighted significant information relevant to the case.   

Investigations

TTS conducted a large amount of research and investigations to assist Attorney Brody with his case, including Expert Witness Testimony, Verdict Searches, and an Investigations Research Report containing vital information about medical providers and their affiliated hospitals or offices. Investigation Specialists worked diligently to assist Attorney Brody with his investigation and research needs. 

Lien Resolution

There were several thousand dollars in medical liens that needed to be resolved prior to funds being released to the plaintiff. The lien resolution team was able to successfully, track and resolve all liens in a timely manner to allow for the quick and accurate distribution of funds once they were received. 

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