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Litigation Funding Blog

Newborn Dies Four Days After Birth, Mother Files Medical Negligence Lawsuit

October 25, 2016

Rachel Melancon’s baby died four days after delivery. The death was allegedly due to medical negligence.

Plaintiff Melancon’s baby was born in December 2013. Four days later the newborn, named Olivia, died, ostensibly as a result of the doctor’s delay and the use of forceps when the baby was in distress.

According to documents filed in this medical negligence case, Dr. George Backardjiev, attempted to use forceps to deliver the baby rather than ordering a C-section, despite the fact that the child was in distress and a natural vaginal birth was considered to be unsafe.

Nurses working with the physician, although allegedly uneasy about the situation, deferred to the doctor’s orders to increase Pitocin and keep Melancon comfortable. During the attempt at vaginal delivery, the physician attempted to use forceps three times. On two occasions they slipped and the doctor then ordered a C-section.

According to the lawsuit, by the time the C-section was ordered, the baby had sustained a partial skull fracture and brain hemorrhaging. She went into multi-organ failure and was removed from life support.

The jury in this case awarded the mother $10.2 million.

The medical bills in this case would have been extremely high, especially considering the child had to be transferred to another medical facility to receive critical care. The parents would have likely had to struggle to pay those expenses in addition to their own monthly financial commitments.

To meet those larger financial obligations, the Melancon’s could have researched litigation funding. It is the fastest and easiest path to get a lawsuit cash advance by simply completing a litigation funding online application that takes about five minutes or less. The Litigation Funding Corporation may be reached, toll free, at 1-866-LITFUND, from anywhere in the United States.

The next step is to speak with an attorney and notify them that a lawsuit loan company was contacted and that they intend to request information about the case. After that, the rest of the process is taken care of by the litigation funding and lawyer’s staff. If all things go well with the request for information, the pre-settlement funding may be received in 48 hours or less.

Plaintiffs Can Breathe Easy With Litigation Funding During a Pending Lawsuit

April 9, 2015

There is not much worse than realizing that an incident during birth caused your child’s serious injury. A birth injury typically occurs because of a complication during the labor or delivery process. Due to the fact that birth injuries often cause oxygen deprivation, many medical malpractice birth injuries lead to serious and even permanent birth defects. During the emotional litigation process, plaintiffs should be able to meet their financial needs, especially in providing care for the child. Litigation Funding Corporation can provide litigation funding without obstacles or risks.

A $17.5 million settlement was recently reached in a birth injury lawsuit involving a boy who was left permanently disable. The plaintiff alleged that the T.J. Samson Community Hospital in Glasgow, Kentucky and the obstetrician were negligent during her labor and delivery of her son, resulting in her son being born with spastic quadriplegia (a form of cerebral palsy). Jurors found the hospital negligent and liable, however, the doctor was cleared of any liability. Despite the evidence and jury award of $18.27 million suggesting medical malpractice, the hospital and its nursing staff admit to no wrongdoing. The plaintiff agreed to settle for $17.5 million. In return, the hospital agreed not to appeal the verdict.

In 2007, the expected mother arrived at the hospital to delivery her son. The doctor ordered Pitocin, a labor induced drug, known to cause complications for many women and newborns. According to the lawsuit, the obstetrician left “standing orders for the administration of the Pitocin,” and informed attending medical staff that the contractions should not exceed more than four contractions within an hour. Additionally, the doctor encouraged a lower epidural dose as a preventative measure, as the mother was having trouble pushing during the final stages of labor. Despite doctor’s orders, evidence revealed that the hospital staff did not follow the doctor’s orders and had the woman exceed the maximum amount contractions per hour for an entire six hours, resulting in oxygen deprivation to the baby’s brain. Additionally, nurses failed to reduce the epidural dose, which allegedly caused the baby to become stuck in the birth canal, also resulting in oxygen deprivation. The child now suffers from spastic quadriplegia, a severe form of cerebral palsy.

Children with spastic quadriplegia usually suffer widespread brain damage or significant brain malformations. Most children with spastic quadriplegia are never able to walk and have trouble speaking and being understood. Additionally, children with this form of cerebral palsy tend to display a floppy neck and severe stiffness in the limbs. They often suffer from frequent seizures that are particularly difficult to manage. The little boy will require life-long care for his disability; his estimated life expectancy is 67 years. These factors may have ultimately contributed to the jury award.

Although the case took nearly eight years to settle, the couple is happy to know their daughter will be provided for their rest of her life.

I don’t know this family’s financial situation, but I would guess that the medical expenses alone left them financially strapped. During this long ordeal, they may have qualified for litigation funding, a non-recourse cash advance against their pending lawsuit. Even if they did not settle and an appeal was filed, litigation funding could have still been an option to alleviate some financial burdens.

The level and expense of care needed for a special needs child are high. While litigation funding cannot solve physical and emotional issues, a lawsuit cash advance can substantially lessen the financial issues. Funding is based solely on the strength of the case; if the case is reviewed and appears to be winnable, the application will likely be approved with funds available within 24 – 48 hours. No money is owed until the case successfully settles at which time repayment is made from the proceeds of the case. If the plaintiff loses the case, repayment is waived completely. The application process is quick and easy by phone or online because we don’t care about credit-worthiness or job history. Most documentation we need to determine case merit is requested from, and provided by, the plaintiffs’ attorney.

If you have filed, or plan to file, a medical malpractice lawsuit and are represented by an attorney, you may be eligible for medical malpractice litigation funding. Litigation Funding Corporation is one of the few litigation financing companies with the expertise to evaluate and provide legal finance for these complicated cases. For a free, no-obligation consultation or funding analysis, contact us online or by phone.

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