$16 Million Settlement for Two Medical Malpractice Cases Involving Brain Damage

Brain Damage at Birth

Phil Russotti recently obtained settlements for two brain damaged individuals and their families totaling guaranteed payouts in excess of $16,000,000. One case involved, a now seven-year-old boy who was brain damaged at birth because of a delay in performing a C-section and in resuscitating him following birth. He has learning disabilities, ADHD and is borderline mentally retarded. He will not be able to live alone as an adult. The case settled during jury selection for $5,250,000.00, much of which was invested in an annuity for the family which has a guaranteed payout of $10,081,734.00 and a possible lifetime payout of $22,286,689.00.

Severe Brain Damage Due to Decreased Oxygen

The second case concerns a Rochester, New York gentleman who had cervical fusion surgery following which he developed signs of airway obstruction. However, the nurse in attendance failed to call a code for assistance for over fifteen minutes despite his deteriorating condition. The 54-year-old suffered severe brain damage because of decreased oxygen to his brain until an emergency tracheotomy/trachestomy was finally performed some fifteen minutes after the episode began. In addition to other medical conditions which have rendered him totally disabled prior to this incident, he is now paralyzed, speechless and blind. The annuities purchased with the settlement funds will return a guaranteed payment of $6,500,000 over ten years.

With the settlement funds, both families have been able to purchase homes, specifically adapted to accommodate these handicapped individuals and to obtain the best therapies and care to tend to their needs. This will enable these individuals to reach their now limited potentials.

Despite the tragic nature of these cases, the benefits to the victims of medical malpractice and their families make the difficult, demanding and exacting nature of this kind of litigation worthwhile when it significantly contributes to a better quality of life for the individuals and those who care for them.

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