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Minnesota & Maryland law firms win $4M verdict after jury finds North Dakota midwife negligent

11.18.11

BISMARCK, NORTH DAKOTA - On Friday, November 18, 2011, a Burleigh County jury rendered a verdict in favor of the minor plaintiff for four million dollars against a Minot Certified Nurse Midwife. The lawsuit was filed in 2009 on behalf of the minor child in the District Court for Burleigh County, North Dakota. It was alleged that for care rendered in 1998, the defendant midwife was negligent in failing to deliver the minor child many hours prior to when he was eventually delivered. By then, the lack of oxygen or lack of blood flow to the brain had already caused permanent brain damage. The child now has mental retardation and severe behavioral issues, all related to the injury to the front part of his brain, called the frontal lobe.

“There was no reasonable explanation for this delay in delivery. This midwife ignored the warning signs that were present requiring that our client be delivered. Instead, this midwife continued on, disregarding her responsibility to this patient,” said Christian Mester, co-lead counsel of the Maryland-based law firm of Goldberg, Finnegan & Mester.

“This jury paid attention to every single witness in this case over almost four weeks of testimony,” Mester said. “They took their oath seriously and their verdict reflects that they were able to sort out the truth and made sure justice was done in this case,” Mester continued. “We are so pleased for our client and his mother – this verdict allows for the child to have the care he requires for the remainder of his life to maximize his chance of living as normal of a life as he can given his permanent and disabling injuries,” said Mester.

Along with Mester, the plaintiff was represented at trial by nurse-attorney Maria Dawson, also of the Goldberg, Finnegan & Mester law firm.

About Hellmuth & Johnson, PLLC
Hellmuth & Johnson's medical malpractice and catastrophic injury team has more than 25 years of experience representing those who have been injured by medical malpractice or because of the fault of others. The attorneys at Hellmuth & Johnson help families and individuals whose lives have been turned upside down by serious personal injury or the wrongful death of a loved one. The firm’s offices are located in Edina, Minnesota. Additional information can be found on their website at www.hjlawfirm.com.

About Goldberg, Finnegan & Mester, LLC

The medical negligence department at Goldberg, Finnegan & Mester, LLC, concentrates in prosecuting complex medical negligence cases. The firm also represents plaintiffs in personal injury matters and pharmaceutical litigation. The firm’s principle offices are located in Silver Spring, Maryland and Reisterstown, Maryland. Their website is www.GFMJUSTICE.com

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