Whitfield V. Snipes M.D., Et Al

*1 TITLE: WHITFIELD v. SNIPES M.D., ET AL
DOCKET-NUMBER:
COURT: Superior
STATE: Cumberland County, North Carolina
DATE:
Incident: September, 1985
Filing: August, 1987
Trial: December, 1988
APPEAL:
Was Appeal Filed:
Name of Person(s) Filing:
RANGE AMOUNT: $2,000,000 - $4,999,999
OUTCOME: Plaintiff Verdict
NON VERDICT AWARD: $3,500,000
TOTAL VERDICT: $3,500,000
JUDGE REDUCED AWARD TO:
VENUE CHANGE:
PRIMARY INJURY: Severe Mental Deficiency
SECONDARY INJURY:
PERMANENT PAIN:
PERMANENT SCARRING:
LIMITED MOTION:
BODILY IMPAIRMENT:
PERMANENT WEAKNESS:
INJURY TO DOMINANT HAND / ARM:
INTERNAL FIXATION:
NUMBER OF DAYS OF TREATMENT:
LIABILITY:
General: Doctor malpractice
Specific: Childbirth
PLAINTIFF:
Sex: Female
Age:
Race:
General Occupation:
Occupational Field:
DECEDENT:
Sex:
Age:
Race:
Occupation:
Married:
Number of Minor Children:
Number of Adult Children:
Days of Conscious Survival:
Days of Unconscious Survival:
Funeral Expense:
Other Expenses:
DEFENDANT:
Type: Single Organization
Sex: Organization
Organization Type: Services-Health
Race:
General Occupation: Doctor
Occupational Field: Services-Health
Insurance:
Policy Limit:
EXPERT-WITNESSES:
Plaintiff:


FINAL DEMAND: $750,000
FINAL OFFER: $350,000
HIGH / LOW AGREEMENT:
HIGH AMOUNT:
LOW AMOUNT:
CLAIMED PAST MEDICAL: $20,000
CLAIMED FUTURE MEDICAL: $3,200,000
CLAIMED PAST WAGE EXPENSE:
CLAIMED FUTURE WAGE EXPENSE:
FUTURE WAGE LOSS CLAIMED BY ECONOMIST:
Plaintiff's Economist:
Defendant's Economist:
DAMAGES:
Compensatory:
Past Medical:
Future Medical:
Past Wage:
Future Wage:
Pain and Suffering:
Other: $3,500,000
Total: $3,500,000
Punitive:
Hedonic:
Property:
Other:
Interest:
Loss of Services:
Loss of Services By:
INTRAFAMILY SUIT:
RES IPSA LOQUITUR:
DEFENDANT CONTENDED PLAINTIFF ASSUMED RISK:
DEFENDANT ADMITTED LIABILITY:
COMPARATIVE NEGLIGENCE PERCENTAGE:
SMOKER:
ATTORNEY:
Plaintiff:
Defendant:
JUDGE:

TEXT:
A newborn female suffered profound mental retardation and cerebral palsy following her birth. The plaintiff retained the ability to walk, which required more intensive care because of the dangerousness. The plaintiffs contended that the mother and baby developed recognizable intrauterine growth retardation in the seventh month of pregnancy, which became progressively worse and was undetected by the monitoring OB group. A fetal monitor showed that the baby asphyxiated during labor and delivery. The defendant argued that the intrauterine growth retardation was due to infection and could not be treated. The jury reduced the verdict amount by about 20-percent due to the chance that infection was the cause of the retardation. This was not a comparative negligence reduction. Plaintiff Attorney: Berry & Byrd by Wade Byrd, Fayetteville, NC. Defense Attorney: Newsom, Graham, et al. by Lewis Cheek, Durham, NC.
*2 WHITFIELD v. SNIPES M.D., ET AL
JVR No. 47009, 1988 WL 373709 (LRP Jury)

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