SAN DIEGO, April 11, 2016 /PRNewswire/ -- The San Diego law firm of Estey Bomberger is announcing a record $20 million settlement finalized this month in a medical malpractice case involving a newborn baby left brain damaged by the actions of a Southern California hospital.
Attorney Michael Bomberger represented the family of a young child, harmed by a hospital nursing staff that failed to properly monitor a feeding tube, resulting in brain damage to the child. Because the newborn is a minor the entire $20 million settlement, including payment disbursements, will be protected and supervised by the courts.
The Estey Bomberger litigation team consulted with and retained a number of medical experts in order to determine the extent of the harm and the level of care that would be required for the child. By assembling a top notch team of medical experts, Mr. Bomberger was able to develop a future prognosis for the child and come up with a life care plan that would ensure the child received the level of care that was appropriate.
According to Mr. Bomberger, in most cases both parties agree to the use of a CNA at an average of $17 an hour. In this case, the foreseeable problems will require an RN at an average of $47 an hour due to the real probability of seizures, shunt failure, and medication overdose.
The case took more than three years to resolve, and settled only after the hospital was faced with a trial before a California jury. In preparing the case for trial, Mr. Bomberger and his trial team conducted nearly 20 focus groups, prepared strategies to depose defense experts, and had identified the weak points in the hospital's case.
The confidential settlement does not allow the hospital to be named.
During the three years that Mr. Bomberger was working on this case, he was also lead attorney on a product liability case that took five years to settle, but did so for $21 million for victims who suffered orthopedic injuries from a popular retail product.
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SOURCE Estey Bomberger