Verdicts & Settlements

Every person and family that Bartimus Frickleton Robertson attorneys represent receives the highest levels of expertise and care. The following examples are part of our proven track record of success in all types of cases.

Complex Business Dispute

$434 Million Judgment

Bartimus Frickleton Robertson partner Chip Robertson was part of the team that recently secured a $434 million judgment against the Hospital Corporation of America after the company failed to make improvements to urban hospitals it had purchased.

The law firm of Seyferth Blumenthal & Harris represented the plaintiff, Health Care Foundation of Greater Kansas City, and brought Robertson onto the case to assist with strategy and navigate complex legal issues. Robertson will be further involved when the case reaches appellate courts.

Trucking/Auto Accidents

$500,000 Settlement

Bartimus Frickleton Robertson partner Kip Robertson achieved a $500,000 settlement on behalf of a bicyclist who suffered serious injuries after being struck by a car at an intersection. The driver carried $250,000 in automobile liability coverage, and the bicyclist had an additional $250,000 in underinsured motorist coverage. Robertson was able to obtain both policy limits, the maximum insurance coverage available, on behalf of the bicyclist.

$500,000 Settlement

A young man was riding his motorcycle southbound on Wornall Road in Kansas City when a driver exited a parking lot, pulling into the southbound lanes and causing a violent collision. As a result, the motorcyclist died at the scene of the accident, leaving behind a wife and two young children.

After navigating complex insurance issues, working with accident investigators and retaining experts, Michael Rader of Bartimus Frickleton Robertson was able to resolve the case for $250,000, the maximum recoverable amount.

$46 Million Verdict

Following a two-week trial led by Jim Frickleton in the Circuit Court of the City of St. Louis, the jury returned a verdict against Consolidated Freightways Corporation on behalf of the parents of a couple killed in a collision with a tractor-trailer. Prior to trial, the plaintiffs settled with two additional trucking companies for an undisclosed amount. The $46 million verdict was the seventh largest decision in the United States in 2006.

$4.9 Million Settlement

The plaintiff was driving his pickup truck westbound on Interstate 470 as the defendant drove his car eastbound in the westbound lanes of the interstate. At the time, the defendant was returning to a local Kansas City hotel after a business meeting during a work trip.

The defendant driver had a blood-alcohol content of 0.386 – almost five times the legal limit when the collision occurred. The plaintiff sued the defendant driver and his employer in Jackson County Circuit Court.

The litigation team completed a significant discovery and policy analysis. The analysis focused on coverage and agency issues, preventing an argument that the defendant was acting outside the course and scope of his employment at the time of the crash.

In addition, BFR attorneys taking the time to determine the full extent of the plaintiff’s injuries and economic damages was crucial. Insurance companies representing the defendant agreed to a global settlement during a pretrial mediation.

$2.5 Million Automobile Accident Settlement

A drunk driving accident in Morgan County, Missouri, involved the plaintiff’s alleged negligence on behalf of the drunk driver. Also included was the negligent entrustment on behalf of the driver's mother for permitting him access to the vehicle despite his lengthy history of driving while intoxicated. BFR obtained the 11th largest settlement in the state of Missouri for the plaintiff.

$2.285 Million Verdict

A father and his two children, ages 8 and 10, were proceeding westbound on Highway 350 in Kansas City, Missouri, when the plaintiff lost control of the vehicle as a result of a bump or pothole in the road surface. The vehicle spun out of control, and its right front corner eventually impacted a metal guardrail designed to shield vehicles from striking a concrete sign truss and metal signpost that was supporting an overhead highway sign.

The guardrail failed to redirect the errant vehicle. Instead, the plaintiffs’ vehicle climbed on top of the metal guardrail, became entrapped, and slid approximately 75 feet down the guardrail, where it violently collided with the concrete sign truss and metal sign pole. The 10-year-old minor plaintiff sitting in the front passenger seat sustained the most direct impact with the sign truss.

The Highway Commission claimed that the plaintiffs’ vehicle actually impacted the end treatment, which, due to its sloping height, allowed the vehicle to slide on top of the guardrail. The plaintiffs claimed that the point of impact occurred beyond the end treatment on the actual guardrail itself. Scuffmark evidence on the road and guardrail showed that the vehicle impacted the guardrail with its right front corner on the actual guardrail, beyond the end treatment.

Industry standards required a full guardrail height of 27 inches and the plaintiffs demonstrated that the height of the guardrail was only 18 inches, well below the standard industry height. The guardrail was too low due to several repaving projects during which the height of the pavement, but not the guardrail, was raised.

According to plaintiffs’ expert, the substandard height allowed the plaintiffs vehicle to proceed over the guardrail and into the sign truss and metal pole. Had the guardrail been at full height, it would have redirected the plaintiffs’ vehicle back onto the traveled roadway.

The plaintiffs involved in the accident suffered permanent and life-threatening physical injuries, which required lengthy hospitalizations. One minor plaintiff suffered a traumatic brain injury which has left her permanently disabled and in need of substantial medical treatment. An arbitration panel awarded $2.285 million for injuries sustained.

$1.5 Million Settlement

The accident occurred in the early morning hours while the plaintiff traveled on eastbound Interstate 70 from her family farm to a farmers’ market in Kansas City. While driving eastbound in the right-hand lane, a 2008 Gulf Stream RV being driven in the left-hand lane (fast lane) by the defendant crossed into plaintiff’s lane of traffic, causing the vehicles to collide. At the time of the accident the defendant was returning to Ohio from a vacation in Colorado Springs. As a result of the accident, the eastbound lanes of I-70 were closed for over four hours.

There were no independent eyewitnesses to the accident and neither plaintiff nor the defendant had any specific memory regarding the accident. Neither driver was cited as a result of the accident. However, as a result of an in-depth investigation concerning tire marks left on the roadway, the location of the accident debris and analysis of the damage to the vehicles, the investigator was able to confirm that the collision occurred as a result of the RV crossing into plaintiff’s lane of traffic, leaving no time for her to react.

During the course of the case it was also discovered that the driver of the RV had been pulled over earlier that morning by local law enforcement in another state for a welfare check due to a report of careless driving. The case was settled by Mike Rader for $1.5 million.

$700,000 Settlement

While plaintiff was test-driving his brother’s 1933 Ford, a Honda Accord driven by the defendant came up from behind at a high rate of speed, tried to pass the plaintiff on the left and hit the driver’s side of the Ford. The plaintiff suffered fractured ribs, scapular and pelvis; a T1 fracture; a subarachnoid hemorrhage; and temporal lobe hemorrhage.

BFR attorneys conducted extensive discovery before defendant acquiesced to liability. The litigation also involved underinsured and uninsured policies held by defendant. The case was settled for $700,000.

$675,000 Settlement

On 67th St., west of I-35 in Johnson County, Kansas, the street converges from four lanes to two lanes at Knox St. Prior to the lane reduction, the plaintiff was driving in the right westbound lane and the defendant was driving in the left westbound lane. The defendant did not allow the plaintiff to merge.

The plaintiff attempted to get past the defendant to merge into the single lane and the defendant’s vehicle clipped the left rear of her vehicle, spinning her into oncoming traffic, where she was struck by a minivan. The incident was captured on a nearby business’ security camera. Two witnesses ran to the scene and stayed with the plaintiff as she died due to blunt head and chest trauma.

Attorney Brett Votava helped the family settle the case for $675,000 without filing a lawsuit.

Premises Liability

$20 Million Verdict

A 16-year-old guest visited a private beachfront swimming and diving facility at Lake Quivira. He was with a group of high school students playing beach volleyball. Upon arrival, he went to the diving boards and proceeded to do a series of acrobatic flips and dives. Then he headed down a lengthy boardwalk toward the beach and dived into an area of the lake near where competitive swimming events occur. The water at that location was only four to five feet deep. The boy’s head hit the lakebed, causing an injury.

Sometime in the late 90s, the boardwalk had been resurfaced and “no diving” signs were removed and never replaced, so there were no signs on the boardwalk warning guests of the depth of the water, nor were there signs prohibiting diving from the boardwalk. The bottom of the lake was not visible in the area where the plaintiff dived.

Although the rules at Lake Quivira purportedly prohibited diving from anywhere along the boardwalk, the owner and the lifeguards responsible for the boardwalk did in fact allow diving off one specific area. In addition, competitive swimmers regularly dived from a form constructed below the boardwalk but in the same area where plaintiff dived.

The plaintiff claimed that Quivira Inc. was negligent in maintaining a dangerous condition, failing to warn of the depth of water in the area where plaintiff dived and failing to warn against diving in that area. The plaintiff also claimed Missouri Valley was negligent in failing to advise Quivira Inc. to post proper warning signs and in allowing patrons to dive off the boardwalk. After a two-week trial conducted by Jim Frickleton and Mike Rader, the jury returned a $20 million verdict for the plaintiff.

$810,000 Settlement

A retiree was waiting in the parking lot of his apartment complex for his niece to pick him up for a visit. While waiting, the man began to police the parking lot for litter. Located on the outer portion of the parking lot was a nine-foot drop-off from a retaining wall that ran the length of the lot. The wall separated the apartments’ property from the adjacent neighbor.

While picking up litter, the man fell from the parking lot, striking a tree stump at the foot of the wall. He lay unconscious at the bottom of the wall for approximately one hour before he was finally discovered. It was determined that the man had suffered three broken vertebrae and a severe, closed head injury.

Before the accident the man was healthy, independent and vibrant. After a careful and thorough investigation, Mike Rader and outside experts determined that the parking lot was unsafe and did not conform to applicable codes.

Injuries from Dangerous Products

$9.5 Million Settlement

As the weather cooled, a Missouri father turned on the furnace in his family’s recently purchased home. It was the first time they had used the furnace that winter. By the next evening, the man and his daughter were found dead and his wife and son had suffered severe carbon monoxide poisoning with resulting permanent brain damage.

Post-accident inspections found significant amounts of rust blocking the flame ports on the furnace’s burners, disrupting the normal gas flow and causing incomplete combustion. This condition resulted in the production of carbon monoxide in lethal amounts.

$3 Million Settlement

An 18-year-old high school senior went to an oral surgeon's office to have his wisdom teeth extracted. While there, he suffered respiratory arrest and was taken by ambulance to a local hospital, then transferred by life-flight to a regional medical center. The teen was diagnosed with anoxic encephalopathy, or brain damage from lack of oxygen.

An investigation revealed that the nitrous oxide tank in the oral surgeon’s "bottle room" had actually been connected to the oxygen line. The young man was in a coma for two months, during which time he was transferred to a specialty rehabilitation hospital. With the help of a dedicated staff and his own tremendous effort, he made a remarkable recovery. He was able to walk and talk, but remained cortically blind with brain damage and spasticity.

A number of parties were named as defendants. BFR attorneys reached a settlement with the installing plumbers for their policy limits of $3 million. Later, through mediation, a settlement was reached with the other parties for a confidential amount.

Insurance Litigation

$8.645 Million Jackson County Verdict

Plaintiff Jennie Hampton’s vehicle, valued at $10,300 and insured by State Farm Mutual Automobile Insurance Company, was stolen from her fiancé’s residence. At this time, Hampton’s fiancé lived with his half-brother and co-plaintiff, Marvin Vail. The following day Hampton reported the theft in person to both State Farm and the Olathe Police Department. Five days later, the vehicle was found burned and a total loss on a rural road in Miami County, Kansas. Subsequently, both the Olathe Police Department and the Miami County Sheriff’s Department investigated the theft and arson and determined that plaintiffs were not involved.

Despite two separate law enforcement agencies finding no evidence to implicate the plaintiffs, State Farm, through its Special Investigative Unit, conducted its own independent investigation and denied Hampton’s claim by concluding that she and her brother-in-law were guilty of insurance fraud. Through their mechanical experts, whom they paid over $400,000 in the previous 10 years, State Farm concluded that the engine was inoperable before the fire, and that plaintiffs were responsible for both the inoperability and arson.

Simultaneous with this independent investigation, Hampton filed a Breach of Contract claim against State Farm in Johnson County, Kansas. Shortly thereafter, State Farm, through its attorney, threatened the unwarranted criminal prosecution of Ms. Hampton if she didn’t “back off” from her claim. Regardless of this threat, Hampton continued to pursue her claim. Notwithstanding State Farm’s long-held conclusion that plaintiffs were guilty of a crime, it was not until after this threat that they instigated prosecution.

Two years from the date of the theft, the day any potential criminal statute of limitations were to run out, Vail and Hampton were charged with felony insurance fraud in Johnson County, Kansas. The basis for the charges derived entirely from information provided by State Farm and co-defendant, the National Insurance Crime Bureau (NICB).

It was later uncovered that during their independent investigation, State Farm’s Special Investigative Unit threatened an independent witness to solicit perjury, concealed and disregarded clear exculpatory evidence, reported what information they did collect in a false manner, and directed the conclusions of their mechanical expert.

State Farm, knowing they did not have access to the Johnson County District Attorney’s Office, then provided this one-sided and erroneous information to NICB, requesting instead that they refer the case to the Johnson County District Attorney for charging.

NICB followed State Farm’s instruction and, through its employee and a retired KBI agent who as an active agent worked side by side with the DA, presented the file to the Johnson County District Attorney. Prior to this, the NICB had done absolutely no independent investigation to either confirm or deny the facts presented by State Farm. Rather, while presenting this information to the DA, NICB admittedly “watered down” exculpatory evidence, trying to instigate charging. Additionally, while meeting with the Johnson County DA, NICB withheld critical evidence by not informing the prosecutor that it was State Farm, not NICB, behind the investigation and referral.

After reviewing the information provided, felony insurance fraud charges were filed against both Hampton and Vail. Prior to this, neither Hampton nor Vail had any criminal history and, as a result of the charges, they were arrested and faced the extreme humiliation, anxiety and expense tied with being criminal defendants.

State Farm continued to work behind the scenes preparing the state’s witnesses for the preliminary hearing testimony, claiming privilege on documents sought by the prosecutor, attempting to keep crucial evidence from being inspected by plaintiffs’ criminal attorneys, closely monitoring the criminal trial and providing well-prepared witnesses to testify at trial.

After a 10-day criminal trial, both Hampton and Vail were acquitted of all charges. Rather than showing remorse for instigating the wrongful prosecution, State Farm continued to not only proclaim Hampton and Vail’s guilt, but also to deny Hampton’s claim.

After the acquittals, Hampton’s breach claim in Johnson County, Kansas, against State Farm was dismissed and refiled with her and Vail’s claims for malicious prosecution and the tort of outrage against State Farm and the NICB. After a three-week trial in Jackson County, but before verdict, defendant NICB entered into a high-low agreement with a high of $110,000 and low of $100,000 for Vail and $160,000 and $150,000 for Hampton.

The jury returned a verdict for plaintiffs on all counts, and after a post-trial hearing the court entered judgment against NICB. The court also entered judgment against State Farm for $200,000 in actual damages for Hampton and $175,000 for Vail. For her breach claim against State Farm the court entered judgment in favor of Hampton for $251,700 in attorney fees.

Additionally, the court entered judgment in favor of Vail and Hampton individually for their punitive claims against State Farm in the amount of $4 million each.

$2 Million Settlement

Convenience store and paintball facility co-owners Russell Baker and Shirley Heathman obtained $1 million of liability insurance coverage for their partnership activities. In November 2010, a patron of Camo Valley Paintball injured his eye and filed a lawsuit against Baker and Heathman.

Despite insuring Baker and Heathman under the policy, their insurer denied coverage, claiming the policy covered only a convenience store. With their insurer having abandoned them, a large judgment was entered against Baker and Heathman in favor of the injured person.

Following the judgment, Baker and Heathman retained attorneys Kip Robertson and Jim Frickleton to pursue claims against their insurer for acting in bad faith. Robertson and Frickleton ultimately settled the case on Baker and Heathman’s behalf for $2 million, which was twice what the insurance company would have paid had it honored its insurance contract. As a result of this settlement, Baker and Heathman were able to satisfy their obligations to the injured party.

False Claims Act

Healthcare Fraud Settlement

The former owner and operator of a Houston-area ambulance company, National Care EMS, recently agreed to settle allegations that his company provided kickbacks to medical and nursing facilities in exchange for those institutions’ Medicare and Medicaid transport referrals.

The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving payment to induce referrals of services covered by federal healthcare programs, including Medicare and Medicaid. The case alleged that National Care EMS provided free or heavily discounted ambulance transports to various facilities to obtain other Medicare and Medicaid business.

The settlement resulted from a coordinated effort among the U.S. Attorney’s office and Texas Attorney General’s office. Bartimus Frickleton Robertson partner Tony DeWitt represented Dan Block, the EMS executive who blew the whistle on company fraud and received a share of the settlement.

Wrongful Death

$1.6 Million Wrongful Death Case Settlement

BFR concluded a case involving the sale and mismanagement of a Fentanyl-based opioid narcotic. The health care providers and pharmacy involved paid $1.6 million and the pharmaceutical company settled for a confidential amount.

$950,000 Settlement

A 55-year-old patient was diagnosed with an adrenal adenoma and a week later, surgeons performed a left adrenalectomy. During the procedure, the physicians removed what they thought was plaintiff’s left adrenal gland. In fact, they had erroneously removed the tail portion of his pancreas, which went undiagnosed until eventually discovered by CT scan a week later. As a result of the extensive damage caused by the pancreatic removal, Plaintiff’s condition slowly deteriorated, causing his untimely death. The case was settled for $950,000.

$462,500 Settlement

In preparation to move into an independent living facility, the elderly tenant went to her future apartment to clean the windows. The woman had only been on the property on two previous occasions and was not aware of the dangerous condition of the sidewalk.

While walking toward her apartment on the only sidewalk provided, she tripped on a 1½-inch, 90-degree rise. The woman was rushed to the local emergency room where she was diagnosed with an orbital bone fracture. She later died from complications of injuries sustained in the fall.

It was discovered through the course of deposition testimony that the living facility’s representatives and owners were aware that this condition was dangerous to elderly people and had been present for a long period of time. Additionally, the condition of the sidewalk at the time of the accident violated several national building standards regarding walkways. The case was settled for $462,500.

Medical Malpractice

$9.25 Million Settlement

A woman was diagnosed with ventricular tachycardia, or irregular heart rhythm. She underwent a cardiac ablation, a procedure using energy or heat to kill the area of the heart causing the irregular rhythm. The physician erroneously ablated the coronary artery, resulting in a heart attack. The patient ultimately needed both a heart and kidney transplant. The case was settled for $9.25 million in court.

$7.4 Million Verdict

A verdict of $7.4 million in a medical malpractice lawsuit arose from the wrongful death of a 50-year-old woman following gastric bypass surgery. The woman suffered a perforation, which went undiagnosed for several days. Finally, tests were ordered and she was taken to surgery but died on the operating table from overwhelming sepsis.

$3 Million Settlement

A 47-year-old female was diagnosed with a possible thyroid follicular neoplasm and went to the hospital for a right thyroid lobectomy. From there, she was transferred from the operating room to the post-anesthesia care unit (PACU) and then to a short stay room.

Post-operative bleeding following a surgery near the trachea, such as the thyroid lobectomy, is a well-known complication that can quickly obstruct a patient’s airway. Following surgery, the plaintiff began exhibiting signs of post-operative bleeding in her neck that went untreated.

As a result of the delay in treating her post-operative bleed and failing to timely secure her airway, the plaintiff suffered a hypoxic/ischemic brain injury and suffers from permanent cerebral dysfunction. The plaintiff and her spouse filed suit against the hospital and physicians asserting claims of negligence. During the course of litigation, attorneys Jim Frickleton and Mike Rader settled the case on the client’s behalf for $3 million.

$2.375 Million Confidential Settlement

A baby was born to a mother with past medical history of herpes. The delivering obstetrician failed to check for open sores before allowing the mother to deliver the baby vaginally. Shortly after delivery, the nurse observed open herpes sores on the baby, and there was a delay in reporting these sores to the neonatologists in the neonatal unit.

By the time the baby was finally treated with anti-viral medication, it was too late. The baby’s nervous system was permanently damaged. The child is mentally impaired and bound to a wheelchair. The case was settled for $2.375 million.

$2 Million Settlement

A 31-year-old mother of three suffered persistent bleeding following a miscarriage. She reported to the emergency room, and the next day, to an obstetrics/gynecology clinic. Despite her severe bleeding, lab studies were not ordered and she was sent home. Her husband found her on the floor unconscious. She was rushed to the hospital but was severely anemic and in septic shock and as a result suffered severe permanent debilitating injuries. Her case was settled for $2 million.

$1.7 Million Confidential Settlement

A young mother with a history of kidney stones went to the ER with right-side abdominal pain and vomiting. She was released with pain medication. The plaintiff returned to the ER hours later with the same symptoms and was again sent home with pain medications. She returned to the ER a third time that evening and was finally admitted to the hospital.

A CT scan showed a kidney stone and she was diagnosed with a kidney infection that had spread to her blood system. Her condition quickly worsened before she was finally stabilized and the infection was under control. However, the damage had been done, resulting in an amputation. The case was settled for $1.7 million.

$1.6 Million Settlement

The parents of a young girl brought suit on their daughter's behalf against their obstetrician for failing to respond when baby's heart rate dropped after the performance of an external version to correct a breech presentation. The baby survived, but as a result of the failure to perform a timely C-section she went without oxygen and developed cerebral palsy, resulting in a need for lifelong medical care. The case was settled for $1.6 million.

$1 Million Settlement

A 35-year-old female went to her allergist with complaints of shortness of breath and chest tightness. She was evaluated and determined to have tachycardia. The physician told the plaintiff that her symptoms were associated with her recently diagnosed asthma. However, in order to determine if the plaintiff was suffering from a respiratory infection, the defendant ordered a chest X-ray, which was found to be normal. The plaintiff was sent home with instructions to report any further complaints to the defendant.

The following day, the plaintiff again reported to the defendant’s office with the previous day’s symptoms. Without ordering any further testing, the physician reassured the plaintiff that her complaints were all signs and symptoms consistent with asthma and sent her home. Her symptoms persisted until, four days later, she lost consciousness and became cyanotic.

She was immediately transported via ambulance to a local emergency room with acute onset of respiratory arrest. The women was intubated when she presented to the emergency room and transferred to the ICU, where she became markedly cyanotic and coded at least twice. Following a CT scan, she was quickly diagnosed as suffering from massive bilateral pulmonary emboli.

As a result of the massive bilateral pulmonary emboli, the plaintiff suffered an anoxic brain injury requiring numerous surgical procedures and extensive follow-up care. Mike Rader settled the case on behalf of the family for $1 million.

$1 Million Settlement

A 50-year-old man went to his primary care physician complaining of shortness of breath, lower leg pain, back pain, and lower leg swelling. Prior to this visit the man had been otherwise healthy. The doctor did not perform any type of diagnostic tests to determine whether or not deep vein thrombosis and/or pulmonary embolism were present and erroneously diagnosed him with bronchitis and prescribed an antibiotic.

Two days later, the man was rushed to a local hospital where he was eventually diagnosed with a massive pulmonary embolus. It was also determined he had lower extremity deep vein thrombosis. After several days in the ICU, the man passed away from a resulting anoxic brain injury. The case was settled for $1 million.

$830,622.11 Verdict

Carole Kraft presented at an emergency room complaining of numbness and tingling. The emergency room physician ordered a series of tests, including a chest X-ray. The doctor made a preliminary read of the chest X-ray, found it to be normal, and sent her home. The following morning a radiologist read the chest X-ray and dictated a report that described a 2-centimeter spot on her lower left lung. The defendant indicated in his report that pulmonary neoplasm was a possibility and could not be ruled out.

These findings did not reach Kraft for nearly three years, when a body scan showed that her body was riddled with cancer. Plaintiffs claimed that the doctor failed to directly communicate his findings to any doctor or to Kraft. A verdict was reached for $830,622.11.

$750,000 Confidential Settlement

During labor and delivery, the obstetrician defendant became impatient with the speed of delivery and decided to speed it along with use of a vacuum. This created shoulder dystocia and the baby’s right shoulder became stuck. Attempts to remove the jammed shoulder resulted in a permanent brachial plexus injury of the baby’s right arm. A suit was filed on behalf of the baby and the mother and a settlement was reached for $750,000.

$453,000 Verdict

The case of Rachel Hulstine’s forced premature birth is believed to be the first medical malpractice verdict reached in the history of Taney County, Missouri. The suit proposed that Rachel’s early birth resulted in the development of cerebral palsy. Rachel, now 11 years old, has seizures, chronic pain in her legs, feet, hips, and back, and a lack of coordination in her legs.

The key issues in this case related to whether or not Rachel was premature. Babies born at 36 weeks gestational age and older are considered term babies. Rachel’s gestational age at birth was 36 weeks, although the defense claimed her gestational age was 38 weeks based on her mother’s last menstrual period and a second-trimester ultrasound. A nurse who examined Rachel within three hours of her birth determined that Rachel was 36 weeks gestational age.

Additionally, Rachel’s treating doctor believed the delivery should not have been induced and that Rachel was a premature baby. Notably, the defendant in the case called Rachel’s treating doctor in an attempt to pressure him into changing his opinions in the case. It didn’t work.

The defense claimed that Rachel’s delivery was induced because her mother had early preeclampsia and that Rachel was in fact a term baby and not premature when she was born. The defense also claimed that Rachel’s cerebral palsy was a result of a long umbilical cord and her mother’s circumvallate placenta.?

The case was at trial for eight days and the jury deliberated for 11 hours. The defendant offered no money to settle the case at any time prior to the jury’s verdict, which was reached for the amount of $453,000 to cover the costs of Rachel’s future medical care needs.