March 2016 newsletter

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Birth Injury Case Settles for $2.75 million
Pregnant woman waiting for a c-section in the hospital

While birth injury cases may be very difficult to prove, they are certainly not impossible. In one recent case, the mother of Baby D was represented by Brett Panter and David Sampedro of Panter, Panter & Sampedro after her baby was born in a community hospital under unfortunate circumstances that led to major health complications for the baby. Baby D was transferred to the ICU shortly after birth.
Soon after Baby D’s birth, doctors told the mother that her child suffered from end stage renal disease and that eventually Baby D would need a kidney transplant.  In fact, nephrologist told her that Baby D would need at least two additional kidney transplants during his lifetime.  In shock, she called Panter, Panter & Sampedro.
Baby D’s Story
The mom of Baby D was 39 weeks pregnant when she experienced sudden bright red bleeding.  She wasted no time and called fire rescue who responded to her home at midnight.  First responders rushed her to the hospital with lights and sirens.  Medical personnel placed her on an electronic fetal heart monitor strip and the obstetrician was called.  A Community Hospital did not have an obstetrician on staff.  Technicians performed an initial biophysical profile.  The test results returned within normal limits.  The initial fetal monitor strip may have suggested a sinusoidal wave pattern.  A sinusoidal wave pattern is an ominous sign requiring immediate attention.  Nevertheless, approximately 3½ hours later the electronic heart monitor strips reflected late decelerations – another ominous sign.  The nurse on call advised the treating obstetrician who immediately came to the hospital and performed an emergent cesarean section.
After the cesarean section doctors discovered a velamentous cord insertion which most likely resulted in the bleed witnessed by Baby D’s mom hours earlier.  A velamentous cord is a congenital defect where the umbilical cord is not properly placed in the placenta and is often fragile.  A velamentous cord insertion can cause bleeding which can quickly lead to a medical emergency.  Nevertheless, Baby D was born with Apgar scores of 6 and 8, which are relatively good.  Baby D did have a weak cry which required vigorous stimulation.  Neonatologists transferred him to the newborn nursery.  At that time the doctors and nurses thought he was doing well.  However, approximately 27 minutes later his oxygen saturation levels began to decline and he was transferred to the neonatal intensive care unit (NICU).  In the coming days, Baby D experienced acidosis, DIC, thrombocytopenia, acute tubal necrosis, and was required to be transferred to Miami Children’s Hospital when his urine output indicated that he was suffering from kidney failure.
The Birth Injury Case
The Plaintiffs in this case alleged that the on call nurse failed to take an accurate history from the mother to discover the amount of bright red bleeding.  Consequently, that nurse failed to give an accurate history to the treating obstetrician.  Plaintiffs alleged that the history of significant bright red bleeding would have warranted the treating obstetrician to come to the hospital and perform an immediate cesarean section.
The defense alleged that the bleeding which Baby D’s mother experienced actually occurred
24 to 48 hours prior to the episode which was witnessed at home and that the blood had tamponaded.  The defense alleged that Baby D’s medical condition further supported the fact that the injury had occurred 24 to 48 hours before birth and that the fetus had a sufficient amount of time to adapt to the blood loss and stabilize.
This case required many fields of medicine to prove both negligence and causation.  Brett Panter and his partner, David Sampedro, hired experts from around the Country from the following fields of medicine:  Nephrology; Neonatology; Obstetrics; Nursing; Placental Pathology; Fetal Monitor Specialist; Life Care Planning; and Economics.
Unfortunately, the costs of these cases are so often high that many cases go without representation.  Fortunately for Baby D, Brett Panter and David Sampedro, with the backing of their law firm, prosecuted this case and brought it to trial.
The case proceeded to trial and during the jury selection process the case was settled for $2.75 million.
After settlements, a lawyer’s duty is not over.  
Brett Panter and David Sampedro arranged to have appropriate specialists create a special needs trust to preserve the child’s Medicaid eligibility.  Most of the funds were also annuitized for the protection of the minor so that they would be available and guaranteed throughout his life expectancy for as long as he lives.

*The names of the parties have been changed as a result of a Confidential Settlement Agreement.

Brett Panter Speaking at NBI Seminar on March 31

Brett Panter will be speaking at the NBI Seminar “Plaintiff’s Personal Injury From Start to Finish” on March 31 in Fort Lauderdale. The basic level seminar will provide plaintiff personal injury attorneys, paralegals and other practitioners with practical strategies for handling personal injury cases.



Mitch Panter Selected for Membership into The National Trial Lawyers: Top 100 Trial Lawyers

Mitch Panter has been selected for membership into The National Trial Lawyers: Top 100 Trial Lawyers organization.


The invitation only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Membership is extended only to the select few of the most qualified attorneys from each state or region who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards in compliance with state bar and national Rule 4-7. Congrats, Mitch!



What do you need to know about filing a birth injury case in Florida?


NOTE: The accounts of recent trials, verdicts and settlements contained in this newsletter are intended to illustrate the experience of the firm in a variety of litigation areas. Each case is unique, and the results in one case do not necessarily indicate the quality or value of any other case.
March 2016

Panter, Panter & Sampedro, P.A., is an A.V. rated law firm comprised of highly experienced trial lawyers with more than 86 years of combined experience.  The firm welcomes referrals from other lawyers and honors the Florida Bar rules related to referral fees.  Panter, Panter & Sampedro, P.A., is dedicated to protecting Florida’s families in the areas of catastrophic injury and wrongful death when dealing with personal injury, premises liability, medical malpractice, nursing home neglect, product liability, aviation, defective medical devices, and mass tort.

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Panter, Panter & Sampedro is accepting pharmaceutical and medical device cases including:
Meridia (heart attack and strokes); Fentanyl Pain Patch (accidental overdose); Accutane (Inflammatory Bowel Disease);Bextra (Stevens Johnson Syndrome; heart attack; stroke); Nuva Ring (deep venous thrombosis); Yasmin and Yaz (Deep Vein Thrombosis, pulmonary embolism, heart attack, stroke, kidney failure); DePuy Hip Implants (pain, swelling, or difficulty walking). Call us for more information:(305) 662-6178 or Toll Free: (800) 593-6178.


Panter, Panter & Sampedro, P.A.