David A. Axelrod & Associates was successful in negotiating settlements with a hospital and a pediatric urologist amounting to over $10,000,000 in lifetime payments for a young child for his medical malpractice claim. The settlement with the hospital was reached during the discovery phase and the settlement with the urologist was reached after the first day of trial.
The Plaintiff was born with a condition known as posterior uretheral valves, which meant that there was a blockage in his urethra that prevented urine from leaving his bladder and exiting his body. This condition required the Plaintiff to have surgery both in utero and soon after his birth. When he was twenty-two months old, the urologist performed another procedure known as bilateral ureteral reimplantation. Within four days after surgery, the Plaintiff was suffering from blockage of his ureters and his kidneys had shut down. Despite the fact that the Plaintiff was suffering from swelling across his entire body and had not urinated for days, neither the urologist nor any of the other care givers at the hospital recognized his condition.
By the time that the hospital recognized that the Plaintiff’s kidneys had shut down, his condition was so serious that he was placed onto peritoneal dialysis to remove the excess fluid from his body. It took the urologist and the hospital another 8 days to determine that the Plaintiff’s kidney failure was because of the obstruction of his ureters. During that time, the Plaintiff’s pain was so bad that he had to be strapped to his bed with administration of high doses of pain and anxiety medications. Surgery was performed to open the obstructions, but the Plaintiff continued to suffer from intense pain and dehydration for weeks thereafter. The Plaintiff ultimately had to undergo over 20 additional surgical procedures. The Plaintiff’s right kidney lost almost total function and his left kidney suffered some likely permanent injury as well.
The Plaintiff’s parents came to David Axelrod shortly after he had recovered from the episode of acute kidney failure and before it was known what the long-term effects would be. The firm conducted dozens of depositions and retained nationally known experts in pediatric urology and adult nephrology in order to establish the negligence of the urologist and the hospital as well as to demonstrate the long-term harm to the Plaintiff’s kidneys. The hospital, recognizing that the Axelrod firm would be able to prove its negligence, settled. The urologist, however, refused to settle and the case started trial. After only one day of trial, the urologist and her attorneys recognized the significant potential liability they were facing and agreed to settle.
Because of the age of the child, the settlement had to be approved by the court. The settlement payments were structured so that all of the Plaintiff’s lifetime needs would be met. In total, if the Plaintiff lives a normal life expectancy, the total payments he will receive will total more than $10 million.
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If you are in need of experienced, dedicated, and tenacious trial representation, call David A. Axelrod & Associates today at 312-782-4600 for your free consultation.