Obstetrical Negligence Litigation Results in $900,000 Award

Published

Marasco & Nesselbush partner, Joseph Marasco, and Associate Attorney, Tim Lynch, recently resolved a medical negligence case on behalf of a client who became infertile as a result of her obstetrician’s negligence. The case involved the failure to diagnose retained placental tissue after our client delivered her first child. Our client went on to develop a condition called Asherman’s Syndrome, which ultimately resulted in infertility. 

The defendant doctor and his legal team argued that the doctor complied with the appropriate standard of care and our client’s condition was not a result of the doctor’s care. The doctor’s experts were prepared to testify that the doctor did all that was required. Our firm could prove otherwise and retained extraordinary experts to establish negligence and damages. On the eve of trial, after extensive litigation, the doctor chose to resolve the matter and avoid the risk of a jury trial. Had the trial proceeded, our legal team would likely have been successful due to the medical and legal developments and our exceptional experts. However, the choice to resolve the matter was in our client’s best interest and in part based on the available insurance coverage. 

“No amount of money can truly compensate our client for the loss she and her family sustained. But, we are thankful that the doctor and his insurance carrier were held accountable for his actions. Tim did an outstanding job developing the case,” said partner Joe Marasco.