Supreme Court Overturns Ruling on Malpractice Damages

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$7,000,000 plus obtained for child born with preventable streptococcal infection resulting in brain hemorrhage and long-term developmental disability. Defendant OB/GYN provided labor and delivery care to mother prior to the birth of minor plaintiff on April 4, 1997. When mother went into preterm labor, defendant OB/GYN failed to administer antibiotics during the course of mother's labor. Following delivery, minor plaintiff was diagnosed with a Group B streptococcal infection, which would have been prevented had the mother received intrapartum administration of antibiotics.

Minor plaintiff suffered from strep sepsis, severe hypotension; brain hemorrhage with an internal shunt. Minor plaintiff continues to suffer developmental delays related to her acute illness at birth. This case was settled for over $7 million prior to trial.

$2,555,000 in West Bend for a man who was not diagnosed with thyroid cancer in a timely manner. Had the diagnosis been made when it should have been, his prognosis for cure was very high.

$1,100,000 for a Kenosha man whose leg was amputated in a car/motor scooter collision.

$12,300,000 verdict for a man in Green Bay who sustained serious neck injuries while using a "Slip N Slide". It included $10,000,000 in punitive damages, one of the largest awards of punitive damages ever in Wisconsin.

$10,000,000 settlement with the United States involving the birth of a child after his mother was admitted for fetal monitoring. The medical staff failed to respond to bad signs during the birth process. The child has cerebral palsy.

$8,000,000 verdict in the Eastern District of Wisconsin Federal Court in favor of a mother who suffered brain damage during child birth. The verdict was in a products liability case against manufacturer of the machine that delivered the anesthesia during the delivery.

$6,000,000 verdict for a young boy in Wausau in a medical malpractice case where the nurses failed to adequately maintain his airway and neglected to suction his breathing tube, causing the boy to suffer brain damage.

$5,400,000 settlement in Sheboygan for a boy injured at an inadequately protected construction site in his neighborhood. He sustained brain damage as a result of a lack of oxygen.

$5,300,000 verdict in Kenosha County in a medical malpractice case where the emergency room physician failed to diagnose meningitis in a young boy, causing him to suffer permanent brain damage. At the time, this verdict was the largest medical malpractice verdict in the State of Wisconsin.

$5,300,000 verdict in Jefferson County in a case where a teen-age girl struck her head while riding her bike. She was taken to the emergency room and admitted for observation. Her parents were never told there was no neurosurgeon on staff and she subsequently developed a bleed in her brain. By the time she was transferred to UW Hospital, she suffered an irreversible brain injury. This case, Martin by Scoptur vs. Richards, is the seminal case on informed consent law in the State of Wisconsin.

$5,000,000 verdict in Iowa for the Estate of a married couple who were killed when a gas line exploded in their home.

$4,500,000 settlement in Milwaukee in a medical malpractice case for the family of a Milwaukee County Judge where a placental abruption went undiagnosed, leading to brain damage for their baby.

$4,350,000 verdict in Milwaukee for a young mother who died as a result of a doctor's failure to diagnose her colon cancer early enough to save her life.

$3,000,000 verdict in a case involving the improper treatment of corn seed that was stored in a grain elevator.

$2,700,000 Florida verdict in St. Augustine on behalf of a young boy and his parents. He was struck by a car while playing on the beach and subsequently sustained a brain injury.

$2,600,000 settlement in Racine on behalf of a young boy who ate lead paint and suffered a brain injury as a result of that.

$2,555,000 in West Bend for a man who was not diagnosed with thyroid cancer in a timely manner. Had the diagnosis been made when it should have been, his prognosis for cure was very high.

$2,500,000 settlement in Manitowoc County in a birth trauma case.

$2,500,000 settlement in a case where the baby sustained a partial brain injury during birth.

$2,500,000 verdict in Green Bay where a young girl sustained a brain injury as a result of a failure to treat her meningitis with the appropriate drugs.

$2,500,000 verdict in Kenosha in a medical malpractice case where a cardiologist neglected to hospitalize a woman who was exhibiting signs of an impending heart attack. Two days later, she suffered a heart attack and after a long stay in a nursing home, died.

$2,400,000 settlement for a woman in Waukesha who died of cervical cancer. She had gone to the doctor and had regular PAP smears but unfortunately, the lab that interpreted the PAP test incorrectly interpreted the test, which led to her death.

$2,250,000 verdict for bad faith against an insurance company for conversion of a whole life policy which extinguished extended term coverage that was available.

$2,000,000 Milwaukee settlement for a woman who received 10X the nutritional fluid recommended and suffered cardiac arrest.

$1,850,000 settlement in Iowa in a wrongful death case were a weld failed, causing a worker's death.

$1,750,000 settlement where a baby suffered a partial brain injury caused during the birth process.

$1,750,000 settlement in Janesville in a medical malpractice case for man who suffered a blood clot in his neck after neck surgery. His airway was compromised and he sustained brain damage.

$1,700,000 verdict in Milwaukee for an immigrant family who sustained burn injuries in a gas explosion in their apartment.

$1,600,000 settlement for the family of a physician who was killed by a truck driver while riding his bicycle in Germany.

$1,500,000 settlement for lumbar injuries sustained in a fork lift accident.

$1,400,000 settlement in Kenosha County on behalf of a doctor who suffered minor brain injury in an asthma attack. The treating physicians did not respond appropriately so as to prevent the brain injury.

$1,400,000 settlement in Milwaukee County for premature birth due to incompetent cervix. The girl suffered cerebral palsy as a result of her premature birth.

$1,400,000 settlement in a medical malpractice case for child who suffered hearing difficulties as a result of the failure to monitor her antibiotic level after being given Gentomyacin. The case was against Children's Hospital in Milwaukee.

$1,350,000 settlement in a medical malpractice to the family of a man who died as a result of an aortic aneurysm. It was not diagnosed and in fact, he was given a clot busting drug which caused the aneurysm to bleed, resulting in death. The case was in Washington County and was the largest settlement in a medical malpractice case in the County.

$1,300,000 settlement in a products liability case where a man was killed when a high pressure steam line ruptured at a paper mill in Green Bay Wisconsin.

$1,200,000 settlement for a couple who were badly injured when a motorist ran a stop sign and crashed into their motorcycle.

$1,100,000 settlement for a Kenosha man whose leg was amputated in a motor scooter/SUV accident.

$1,100,000 for a Kenosha man whose leg was amputated in a car/motor scooter collision.

$1,100,000 verdict, including punitive damages, in Menomonee Wisconsin, involving the malfunction of a scissors lift. The plaintiff sustained cervical injuries.

$1,000,000 settlement during trial for a young boy from Racine who sustained a brain injury during surgery. It was alleged that the anesthesiologist improperly monitored the boy during the surgery. There were no offers made to settle the case prior to the trial.

$1,000,000 verdict for an Ozaukee County woman who sustained soft tissue injuries in her back as a result of an improperly maintained elevator in the Courthouse.

$1,000,000 settlement in Milwaukee on behalf of a young woman who was sexually assaulted by a fellow resident in a nursing home.

$ 975,000 settlement for the family of a Kenosha woman who was killed in a semi truck/car accident in the Town of Pleasant Prairie.

$ 671,000 verdict in Milwaukee County for a man who sustained a mild brain injury when he was involved in a low speed automobile collision.

$ 450,000 settlement in Jefferson County for a man who was struck by a car that went through a red light.

$ 317,000 for a Racine schoolteacher who was injured in a car accident in Madison.

$ 240,000 for a Marinette woman who was injured in a car accident in Madison.

$ 150,000 for a Brookfield woman who was injured when the car she was riding in crashed in Missouri.

Policy limits for a Milwaukee man who had both legs amputated when he was pinned between 2 cars.

$ 658,000 for a Town of Brookfield police officer who was struck broadside by a truck that went through a red light.

$ 450,000 for the family of a Wisconsin Rapids man who was killed when a car crossed the center line and hit him head on. This was all the available insurance.

$ 355,000 for a Wauwatosa woman whose car was hit by a semi truck. She hurt her shoulder and needed surgery.

$ 325,000 for a Milwaukee woman who hurt her back after being struck in the rear on Brown Deer Road.

$ 276,000 verdict for the family of a young girl who was killed when she was struck by a car as she was riding her bike out of her driveway.

$ 225,000 for a Milwaukee woman who was hurt when a police squad car ran a red light.

$ 180,000 for an Illinois woman who was struck by a car as she was crossing the street at night in Kenosha.

$ 175,000 for a Brookfield man with a broken wrist as a result of a a car accident in Missouri.

$ 150,000 for a Wauwatosa woman who got a neck injury when hit from behind.

$ 140,000 for a Green Bay woman whose neck was injured in a car accident in Green Bay.

Confidential settlement for the family of a trucker who was killed in a trucking accident in Illinois.

With many years of providing exceptional litigation services to our clients, we are capable of litigating and settling any issue of personal injury law that you are facing. Contact the attorneys of Aiken & Scoptur, S.C. by calling us at (414) 225-0260 or by filling out our online contact form.

All verdicts, settlements, appellate decisions are applicable for the date reported.