New England Verdicts
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$4,250,000
Type:
Settlement
State:
Massachusetts
Venue:
Worcester County
Court:
Worcester County, Superior Court
Injury Type(s):
brain-cerebral palsy; mental/psychological-developmental delay
Case Type:
Medical Malpractice – OB-GYN, Hospital, Childbirth, Birth Injury, Brain Injuries, Cerebral Palsy, Delayed Treatment, Failure to Monitor
Case Name:
Thomas Bulger and Athena Bulger, Individually and as Co-Guardians of Gracie Evelyn Marie Bulger v. Robert Berry, M.D., Autumn Davidson, M.D., Janelle Evans-McMahon, M.D., Fallon Clinic, Inc. and UMass Memorial Medical Center,
No. WOCV2010-01832
Date:
December 10, 2013
Plaintiff(s):
Athena Bulger (Female),
Gracie Bulger (Female, 1 Minutes),
Thomas Bulger (Male)
Plaintiff Attorney(s):
Gregg J. Pasquale;
Boston,
MA,
for
Athena Bulger, Gracie Bulger, Thomas Bulger ■ Ann M. Maguire;
Keches Law Group, PC;
Boston,
MA,
for
Athena Bulger, Gracie Bulger, Thomas Bulger ■ Suzanne C. M. McDonough;
Keches Law Group, PC;
Boston,
MA,
for
Athena Bulger, Gracie Bulger, Thomas Bulger
Defendant(s):
Robert Berry, M.D.,
Fallon Clinic, Inc.,
Autumn Davidson, M.D.,
Janelle Evans-McMahon, M.D.,
UMass Memorial Medical Center
Defense Attorney(s):
Joan O. Vorster;
Worcester,
MA,
for
UMass Memorial Medical Center ■ Kristine M. Canepa;
Mirick, O’Connell, DeMallie & Lougee;
Worcester,
MA,
for
Fallon Clinic, Inc., UMass Memorial Medical Center ■ Heather G. Beattie;
Morrison Mahoney LLP;
Springfield,
MA,
for
Robert Berry, M.D., Autumn Davidson, M.D., Janelle Evans-McMahon, M.D. ■ Dennis R. Anti;
Morrison Mahoney LLP;
Springfield,
MA,
for
Robert Berry, M.D., Autumn Davidson, M.D., Janelle Evans-McMahon, M.D.
In July 2009, plaintiff Athena Bulger presented to defendant UMass Memorial Center in Worcester for childbirth. She was in labor for two days, during which time she was under the care of defendant Robert Berry, M.D. The birth was ultimately accomplished via C-section on July 15. Upon delivery, Gracie Evelyn Marie Bulger was noted to have abnormal APGAR scores and was suffering from seizures. Imaging studies revealed brain damage and Gracie was diagnosed with cerebral palsy. Athena Bulger and her husband, Thomas Bulger, individually and as co-guardians of Gracie Bulger, sued the hospital and Berry, as well as two additional doctors, Autumn Davidson, M.D. and Janelle Evans-McMahon, M.D, for medical malpractice. Plaintiffs alleged that they requested on day two of the labor that a C-section be performed, but Dr. Berry elected to allow the labor to progress naturally. Plaintiffs argued that the fetal heart monitor indicated signs of distress three hours after they had first requested a C-section, yet Dr. Berry still elected to allow the labor to progress. He then performed a C-section, nearly four hours after the C-section was first requested. Plaintiffs alleged that Gracie suffered brain damage due to a lack of oxygen caused by Dr. Berry’s failure to perform a timely C-section. They also alleged that Dr. Berry failed to properly monitor Gracie’s heart rate following the initial signs of distress, particularly during the last 50 minutes of labor. Defendants denied any negligence and contended that they acted within the standard of care.
Gracie was diagnosed with cerebral palsy due to lack of oxygen to her brain. As a result, she is unable to communicate or ambulate and will require life-long living assistance.
The parties negotiated a $4.25 million settlement before a trial date had been set.
This report is based upon information obtained from court records and an article published by Medstak.