Wisconsin Jury Awards $29M in Birth Injury Lawsuit Against Nurse Midwife

Case: Breauanna Jennings et al. vs. Robyn Cox CNM et al

Case Overview

A Wisconsin jury in St. Croix County awarded a record-setting $29 million to a family whose child developed cerebral palsy as a result of medical negligence during childbirth.

Cause

In their Wisconsin birth injury medical malpractice lawsuit, Breauanna Jennings et al. v. Robyn Cox, CNM et al., the plaintiffs alleged that their child, August Jennings, was delivered nearly an hour later than the standard of care allowed.  They claimed the attending certified nurse midwife failed to timely notify the on-call OB/GYN—who could have performed an emergency C-section—after the baby’s heart rate dropped from the 150s to the 60s during labor.

Damages

The newborn received Apgar scores of 0 at one, five, and ten minutes after birth and required two weeks of treatment in the neonatal intensive care unit. He was later diagnosed with cerebral palsy and is expected to require lifelong supervised care. As a result of the midwife’s alleged negligence, his injuries include severely limited mobility, an inability to speak, and dependence on a surgically placed gastrostomy tube for nutrition.

Jury Verdict

The Wisconsin jury awarded a total of $29,070,051 in the birth injury case, including $14 million for future medical and care expenses, $10 million for future pain, suffering, disability, and disfigurement, and $2 million for past and future loss of society and companionship. The family’s attorneys stressed the importance of holding healthcare providers accountable for preventable birth injuries, noting that the verdict will enable the family to obtain the critical medical care and support the child will need throughout his life.

Georgia Jury Awards $40M in Stroke Misdiagnosis Case Against ER Doctor

Case Overview

The Georgia Court of Appeals has upheld a record $40 million medical malpractice verdict against emergency room physician Dr. Matthew Womack, upholding the trial court’s ruling that he was grossly negligent in his treatment of patient Jonathan Buckelew.

Cause

At age 32, Jonathan Buckelew suffered a brain stem stroke following a chiropractic neck adjustment, leaving him with “locked-in syndrome”—a condition that causes complete paralysis except for eye movement. Although he arrived at North Fulton Hospital’s emergency department with urgent symptoms, he did not receive the necessary critical care, leading to permanent and devastating injuries.

Damages

At trial, the jury apportioned 60% of the liability to Dr. Womack, citing significant breaches in the standard of care, including failures in communication and the omission of a neurological consultation. The jury’s total award of $75 million included $40 million in damages assessed against Dr. Womack individually—constituting the largest emergency room malpractice verdict in Georgia’s history.

Jury Verdict

The Court of Appeals rejected all of Dr. Womack’s arguments on appeal, affirming the jury’s finding that his conduct constituted gross negligence.

Epidural Malpractice in New York Leads to Paraplegia, $60M Awarded

Case Overview

In what is believed to be the largest medical malpractice verdict ever awarded in Nassau County, Marijo C. Adimey, a partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, secured a unanimous $60,033,041.23 verdict on behalf of a 65-year-old electrical mechanic who was left permanently paralyzed after a routine epidural steroid injection.

Cause

On November 18, 2019, the plaintiff underwent a routine lumbar epidural steroid injection performed by Dr. Robert Iadevaio at the Pain Institute of Long Island (now part of Catholic Health Long Island). Minutes after emerging from sedation, he suffered a massive spinal cord infarction, resulting in permanent paraplegia, neurogenic bowel and bladder, chronic neuropathic pain, and impotence.

Damages

The plaintiffs introduced evidence showing that the results of a spinal angiogram performed after the injury were inconsistent with the medication documented in the physician’s notes. They alleged that a different drug—one not recommended for use in such procedures and known to cause spinal cord infarctions if inadvertently injected into a spinal artery—was actually administered, pointing to a serious medical error. Expert witnesses in Interventional Pain Medicine and Interventional Neuroradiology testified that, based on spinal imaging and the established mechanisms of spinal infarction, the physician’s procedural notes could not be accurate. Additional experts in Neurology, Life Care Planning, Psychiatry, and Forensic Economics testified to the plaintiff’s permanent and devastating injuries.

Jury Verdict

Following a three-week trial in Nassau County Supreme Court, the jury returned a unanimous verdict awarding over $60 million to the plaintiff. The defendants were represented by Bruce Brady, Esq. of Dorf Nelson & Zauderer. Marijo C. Adimey was second-chaired by associate Aaron M. Ser, Esq.

Medical Malpractice: Incorrect Bariatric Surgery Results in $3.45 Million Verdict

Jensen-Winkert v. Virginia Hospital Center Physician Group, LLC

Case Overview

On May 25, 2023, Plaintiff Gina V. Jensen-Winkert filed a medical malpractice lawsuit in the Arlington County Circuit Court of Virginia (Case No. CL-23-2217), with Judge Daniel S. Fiore II presiding.

Cause

On October 26, 2020, Gina V. Jensen-Winkert consulted with Dr. J.R. Salameh at Virginia Hospital Center Physician Group, LLC regarding bariatric surgery. During the consultation, she explicitly expressed her preference for gastric sleeve surgery after reviewing various surgical options. Over the following year, she consistently reaffirmed her decision to undergo the gastric sleeve procedure. On October 8, 2021, she signed a four-page informed consent document specifically for gastric sleeve surgery.

However, on October 11, 2021, a surgical scheduler at Virginia Hospital Center Physician Group, LLC mistakenly changed Jensen-Winkert’s procedure from gastric sleeve to gastric bypass. This error went unnoticed by the medical team. When she arrived for surgery on December 16, 2021, she signed a day-of consent form that incorrectly listed gastric bypass. Despite her extensive preparation for gastric sleeve surgery, Dr. Salameh failed to recognize the scheduling mistake and proceeded with gastric bypass surgery.

Injuries

As a result of undergoing the incorrect procedure, Jensen-Winkert suffered severe complications. She experienced difficulty tolerating oral intake of food and liquids, leading to significant physical distress. She was later hospitalized due to an ulcer at the anastomosis site created during the gastric bypass surgery. Additionally, she endured recurrent vomiting and diarrhea, both common complications of gastric bypass. The mistaken surgery also left her at an increased risk of malnutrition and other long-term health issues typically associated with gastric bypass, further exacerbating her condition.

Damages

Jensen-Winkert’s injuries resulted in both physical and emotional distress. The gastric bypass procedure left her with ongoing gastrointestinal issues, including persistent nausea and difficulty eating. She faced an increased risk of malnutrition and other complications, necessitating ongoing medical care. The additional treatments for her ulcer and related health issues further contributed to her mounting medical expenses. Moreover, the surgical error significantly diminished her quality of life as she struggled with daily health challenges.

Jury Verdict

On July 12, 2024, the jury ruled in favor of Gina V. Jensen-Winkert, awarding her $3.45 million in damages for medical malpractice, the gastric bypass surgical error, and the long-term complications resulting from the procedure.

Georgia Nursing Home Negligence: Woman Awarded $47M After Untreated Donkey Bite Leads to Double Amputation

Anna Giacomi v. Union General Hospital Inc. d/b/a Union County Nursing Home et al

Case Overview

In 2017, Anna Giacomi filed a medical malpractice lawsuit against Union General Hospital Inc., operating as Union County Nursing Home, alleging that medical negligence following a donkey attack led to her deteriorating condition and ultimately required a double amputation.

The case was filed in the Superior Court of Union County, Georgia, with Judge James E. “Jim” Cornwell Jr. presiding. [Case Number: SUCV2017000365]

Cause

In November 2015, after sustaining injuries to her left arm and hand while feeding a donkey, Anna Giacomi sought treatment at Blairsville’s Union County Nursing Home for rehabilitation.

Dr. James Heaton, then the director of the nursing home, oversaw her care following her transfer from Northeast Georgia Medical Center, where she had initially been admitted for wounds from the donkey attack, according to court records.

Giacomi’s complaint states that she developed a severe infection in her left arm and leg. While staff at the nursing home noticed the infection, Dr. Heaton allegedly failed to evaluate her in time. Despite clear warning signs—including excessive drainage, a foul odor, and her foot turning green—healthcare providers at the nursing home and Union General Hospital purportedly waited nearly seven days before consulting a surgeon. The delay led to a flesh-eating bacterial infection, ultimately requiring the amputation of her arm and leg.

Damages

The lawsuit claimed that Giacomi endured seven days without proper medical intervention, resulting in severe and lasting consequences. She experienced, and would continue to experience, significant daily challenges due to her injuries. She sought compensation for the double amputation, which she argued could have been prevented with timely and appropriate medical care.

Jury Verdict

On July 30, the jury issued its initial verdict, concluding that medical malpractice had occurred. A second verdict, delivered on August 5, addressed negligent credentialing.

As part of their ruling, jurors awarded Giacomi $47 million for past and future pain and suffering, according to court records.

The jury apportioned liability as follows: 5% to Union General Hospital for medical malpractice by multiple employees, 45% to Union General Hospital for negligently credentialing Dr. James Heaton, 45% to Heaton personally, and the remaining 5% to Dr. Janaki Narravula.

Although Heaton and Narravula were not named as Defendants in the case, the jury still assigned them fault. Under Georgia law, jurors can attribute responsibility to nonparties, ensuring Defendants are only held liable for their specific share of the harm.

Delayed C-Section Results in $17M Birth Injury Settlement

Jenna Doucette et al. vs. Dr. Abdulla Al-Khan et al

Case Overview

On July 8, 2022, plaintiff Jenna Doucette filed a medical malpractice and birth injury lawsuit in the Ocean County Superior Court, New Jersey (Case No. L00259121), with Judge Joseph P. Quinn presiding.

Cause

Shea Doucette, now four years old, was diagnosed with hypoxic-ischemic encephalopathy and cerebral palsy due to an alleged birth injury. During her pregnancy, her mother, Jenna Doucette, was diagnosed with placenta percreta, a severe form of placenta accreta spectrum. She sought specialized care from Dr. Abdulla Al-Khan at The Center for Abnormal Placentation at Hackensack University Medical Center.

On March 8, 2020, just days before her scheduled cesarean section on March 11, Jenna suffered a massive uterine rupture and placental abruption. This emergency led to an urgent C-section, during which Shea was deprived of oxygen at birth, resulting in severe brain damage and lifelong cerebral palsy. Jenna also endured life-threatening complications, including massive internal bleeding, requiring multiple blood transfusions and intensive care in the ICU.

Damages

Shea Doucette’s birth injury resulted in hypoxic-ischemic encephalopathy and cerebral palsy, permanently impacting her motor function and cognitive abilities. Meanwhile, Jenna experienced severe medical complications, including extensive blood loss, multiple transfusions, and a prolonged ICU stay.

The Doucette family has faced immense emotional and financial challenges, requiring extensive medical care, specialized therapies, and long-term accommodations to support Shea’s condition.

Jury Verdict

On January 3, 2025, the parties reached a $17 million settlement in Shea Doucette’s birth injury lawsuit, securing financial support for her lifelong medical care, therapies, and necessary accommodations.

Medical Negligence: New Mexico Hospital Ordered to Pay $16.75 Million After Leaving 13-Inch Retractor in Patient for Two Months

Michelle Torma v. Presbyterian Healthcare Services, et al

Case Overview

On October 29, 2021, Plaintiff  Michelle Torma filed a medical malpractice and medical negligence lawsuit in the New Mexico State, Albuquerque District Court (Case number: D-202-CV-202106274 ). Judge  Denise Barela-Shepherd presided over this case.

Cause

On January 29, 2019, surgical staff at Presbyterian Hospital in Albuquerque, New Mexico, performed a complex procedure on Michelle Torma to remove a 75-pound benign tumor. The operation, led by Dr. Karen Finkelstein, a gynecologic oncologist with Southwest Women’s Oncology, involved the use of a 13-inch by 2-inch metal retractor. While the surgery was life-saving, the surgical team accidentally left the retractor inside Torma's abdomen.

Following the procedure, Torma experienced ongoing abdominal pain, nausea, anxiety, and difficulty sleeping. A CT scan on March 28, 2019—58 days after the surgery—revealed the presence of the forgotten retractor. Dr. Finkelstein, who performed the initial operation, also conducted a second surgery to remove the instrument.

Presbyterian Healthcare Services later stated that Dr. Finkelstein was an independent provider rather than a hospital employee. In 2021, Torma filed a medical negligence lawsuit against Presbyterian Healthcare Services, Southwest Women’s Oncology, and Dr. Finkelstein.

Damages

Torma’s attorneys sought over $45 million for medical negligence, pain and suffering, emotional distress, and other associated harms in a medical negligence lawsuit.

Jury Verdict

On January 13, 2025, the jury rendered a substantial verdict in favor of Michelle Torma, awarding her $16.75 million in damages. This included $15 million in punitive damages against Presbyterian Healthcare Services, the largest healthcare provider in New Mexico. Additionally, the jury awarded $1.75 million in compensatory damages to address Torma’s pain, suffering, and other losses. Presbyterian Healthcare Services was deemed responsible for 99% of the compensatory damages, with Southwest Women’s Oncology assigned 1%.