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Verdict range $500,000 - $1,000,000
ARTICLE ID 14587
$________ Defendant fails to diagnose minor hip dysplasia - Permanent disability.
Massachusetts
The minor plaintiff contended that she was born with congenital,
bilateral, symmetrical hip dysplasia which went undiagnosed by
the defendant pediatrician for two years. The defendant
maintained that the plaintiffs dysplasia developed at an unknown
time after birth and that the condition was difficult to diagnose
due to the symmetry of the plaintiffs dysplasia.
The plaintiff suffered from bilateral hip dysplasia which was not
diagnosed by the defendant at any of the plaintiffs numerous
pediatric visits in the first two years of her life. The
plaintiff was referred to a physical therapist for what the
defendant described as poor muscle tone. The plaintiffs physical
therapist diagnosed the plaintiffs hip dysplasia. As a result of
the late diagnosis, the plaintiff required extensive surgeries to
partially correct her condition and will suffer permanent
disability stemming from the portion of her dysplasia that
remained irreparable.
At trial, the plaintiff planned to call an orthopedic surgeon who
would state that the plaintiffs condition should have been
discovered earlier. The plaintiff also planned to present a
pediatrician who would state that pediatricians are charged with
looking for abnormal conditions in infants and that lack of
cooperation by the patient is not a pretext for failure to
diagnose a malady in a child. Additionally, the plaintiff had
evidence from a handwriting expert to address irregularities in
the defendants medical records. The plaintiffs expert believed
that some of the entries in the plaintiffs records may have been
made out of order.
The defendant contended that the bilateral, symmetrical nature of
the plaintiffs hip dysplasia made diagnosis extremely difficult.
The defendant also maintained that the plaintiff was
uncooperative on many occasions when the defendant attempted to
examine the plaintiffs hips.
The parties settled the matter prior to trial in the amount of
$________.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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