jury verdict

Forum for parents of injured who are seeking information from other parents or people living with the injury. All welcome
Ken. Levine
Posts: 83
Joined: Thu Jan 18, 2007 10:12 pm

jury verdict

Post by Ken. Levine »

I am pleased to report a jury in a rural county of Wisconsin awarded my clients $1,750,000.00 this week. The case is important because the jury rejected the theory that the baby was injured coming down the birth canal by the moms forces of labor. This is the defense that has been causing alot of cases to lose at trial. We have been mounting a fight against this dishonest defense, it is pure nonsense, and this case shows us that juries are listening.

Ken Levine
klevine@klevinelaw.com
http://www.klevinelaw.com
Master DIVER TOM
Posts: 759
Joined: Tue May 05, 2009 11:51 am

Re: jury verdict

Post by Master DIVER TOM »

Hi Ken,
Great job getting the award,
I fined it amazing that cases are lost because of labor :shock:
To bad you cant use the tools they use in delivery as exhibits in court, that really cause these injuries . When I was born they used Forceps , The Forceps and over pulling at delivery by the doctor, gave me birth Erbs, The Forceps and force, broke my scapula and my elbow at birth to.
Do jury ever see the birthing tools use in a deliver that really cause they injuries for exhibits at trial ?? How many doctors get training on the use of birthing tools and if so were they use properly ? If the birthing tools cause harm at birth , then like other cases dealing with product liability as a cause to pursue ? How would you know which tool was use that cause the injury at birth, The hospital all ways charges for item used in a procedure, down to a razor blade. It seem that some doctor care more about getting the baby out than the force and choice of tool, they use in delivery that cause these injuries without giving a mother a option in deliver when a baby gets stuck.
Just thinking :shock: Some doctors do not make needed referral to BPI specialist , when these injury occur. They never help my mom ,when I was born 62 years ago and they dont help today ,by posts I read to. They still use forceps to and causing these injury. If a doctor does use a tool and pulls to hard causing these injuries , Than the tool and the over pull by a doctor is the proof by the injury cause.

Tom
Carolyn J
Posts: 3424
Joined: Tue Apr 06, 2004 1:22 pm
Injury Description, Date, extent, surgical intervention etc: LOBPI. I am 77 yrs old and never had a name for my injuries until 2004 when I found UBPN at age 66.

My injuries are: LOBPI on upper body and Cerebrael Palsy on the lower left extremities. The only intervention I've had is a tendon transplant from my left leg to my left foot to enable flexing t age 24 in 1962. Before that, my foot would freeze without notice on the side when wearing heels AND I always did wear them at work "to fit in" I also stuttered until around age 18-19...just outgrew it...no therapy for it. Also suffered from very very low self esteem; severe Depression and Anxiety attacks started at menopause. I stuffed emotions and over-compensated in every thing I did to "fit in" and be "invisible". My injuries were Never addressed or talked about until age 66. I am a late bloomer!!!!!

I welcome any and all questions about "My Journey".
There is NO SUCH THING AS A DUMB QUESTION.
Sharing helps to Heal. HUGS do too.
Location: Tacoma WA
Contact:

Re: jury verdict

Post by Carolyn J »

WOOHOO!!! I hope this encourages all parents who are fighting and suffering in litagations.
Carolyn J
LOBPI/75
Master DIVER TOM
Posts: 759
Joined: Tue May 05, 2009 11:51 am

Re: jury verdict

Post by Master DIVER TOM »

Hi :shock:
Sometimes , it drives me crazy that parents still are not given a ref-feral to a doctor who treats bpi injuries. When your lucky enough to find a BPI doctor in your Quest, That the doctor might say you are 62 years to later, There is a time eliminate to have things done :shock: How many time that our post say the same-thing :shock:
How a doctor would hide a birth ma-stake is beyond me :roll: A doctor that will not help you to find a referral to a BPI doctor :shock: :evil: :twisted: -it is a life long quest no matter when these injury happen in life : ;) :shock:
finding a advocate to help is by far a gift :D going for product liability may be a option :roll: First one would be the forceps out of the delivery room. :evil: :twisted: to still use them 62 years ago and still today, some here have this injury even longer :shock:
Just Thinking :roll:
Tom
JessicasMom
Posts: 214
Joined: Thu Sep 18, 2003 4:59 pm
Injury Description, Date, extent, surgical intervention etc: 10 year old Jessica born on 9/6/03 with a LOBPI.
Mostly recovered, no surgery, still has remaining functional deficits
including no active external rotation.
Location: The Woodlands, TX

Re: jury verdict

Post by JessicasMom »

That's great Ken! I sure wish you would have responded to my 3 dozen or so emails and attempts to contact you since I sent you my daughter's medical records 2 years ago and you promised that they were being reviewed by "medical experts". It certainly would be nice if she had resources for her medical care in the future!

Michelle Svetlitski
Corinne
Posts: 36
Joined: Sun Nov 04, 2001 9:25 pm

Re: jury verdict

Post by Corinne »

Michelle, we had a similar issue with Mr. Levine!
Ken. Levine
Posts: 83
Joined: Thu Jan 18, 2007 10:12 pm

Re: jury verdict

Post by Ken. Levine »

Regrettably I am only one lawyer. My firm is not large and there are only so many cases we can accept. Sometimes we have to turn down cases when we cannot get the support of medical experts or when the child's injury is not quite as severe as others. I have been involved with brachial plexus cases an families for many, many years and I appreciate how difficult it can be when a lawyer does not accept your case. The decision to accept a case is not always based on whether or not I believe the delivering doctor was negligent. In my view, all brachial plexus birth injuries, with rare exception, are caused by the use of excessive lateral traction during the delivery in the presence of shoulder dystocia. Even so, I cannot take every case we are asked to review.

As I have mentioned to you I would be please to reconsider your cases with the understanding that I may still decide we cannot accept your case. I urge you contact me directly so I can arrange to review my records with my firms nurses. I look forward to hearing from you.

Ken Levine
Kenneth Levine & Associates, LLC.
32 Kent Street
Brookline, Massachusetts 02445
617-566-2700
617-566-6144 (fax)
Klevine@Klevinelaw.com
http://www.Klevinelaw.com
katep
Posts: 1240
Joined: Mon Mar 29, 2004 3:20 pm

Re: jury verdict

Post by katep »

And then there's the issue of unsolicited offers of financial help to see certain doctors followed by repeated bounced checks...
Ken. Levine
Posts: 83
Joined: Thu Jan 18, 2007 10:12 pm

Re: jury verdict

Post by Ken. Levine »

Yes Katep over the years I have offered financial help to families with children who have suffered brachial plexus injuries. I have offered to pay for the cost of traveling to medical visits and yes I have urged people to see the finest brachial plexus surgeons in the world, Drs. Kozin, Waters, Grossman, Price, Park, Bourchel and others. I have also offered to sponsor families who cannot afford to attend the summer UBPN camp. This financial help has been given to clients of mine as well as as families I do not represent. The financial help comes with no strings attached. My firm and I will continue to offer our financial assistance to families in need who cannot afford to travel to medical visits or attend the UBPN camp. I cannot speak to "bounced checks" as I have no idea what you are referring to. My firm is quite financially sound.

There will always be those who are bitter and angry for whatever reason. That I cannot control. I can promise to continue my firms financial support for families of the brachial plexus community in need.

Best to you all,

Ken Levine
Carolyn J
Posts: 3424
Joined: Tue Apr 06, 2004 1:22 pm
Injury Description, Date, extent, surgical intervention etc: LOBPI. I am 77 yrs old and never had a name for my injuries until 2004 when I found UBPN at age 66.

My injuries are: LOBPI on upper body and Cerebrael Palsy on the lower left extremities. The only intervention I've had is a tendon transplant from my left leg to my left foot to enable flexing t age 24 in 1962. Before that, my foot would freeze without notice on the side when wearing heels AND I always did wear them at work "to fit in" I also stuttered until around age 18-19...just outgrew it...no therapy for it. Also suffered from very very low self esteem; severe Depression and Anxiety attacks started at menopause. I stuffed emotions and over-compensated in every thing I did to "fit in" and be "invisible". My injuries were Never addressed or talked about until age 66. I am a late bloomer!!!!!

I welcome any and all questions about "My Journey".
There is NO SUCH THING AS A DUMB QUESTION.
Sharing helps to Heal. HUGS do too.
Location: Tacoma WA
Contact:

Re: jury verdict

Post by Carolyn J »

Thank YOU Mr Levine.
Carolyn J
LOBPI/75
Locked