May 04, 2011 -
Cumulative Malpractice Settlements for Abused Child Increased to Over $4.5 Million
SRBC partners David Barry and Tony Agudelo have obtained additional settlements in an ongoing case on behalf of the estate of a severely abused child who eventually sustained a traumatic brain-stem injury that put her in a coma for several months, and left her permanently and deeply disabled. Having earlier reached settlement agreements with a pediatrician and a nurse-practitioner who saw and treated the child (and, it was alleged, negligently failed to report clear signs of abuse, and accepted other explanations for the child's injuries), David and Tony recently reached further agreements with a mental health center, a social worker, and a psychiatrist. Those settlements brought to the total recovery to date on behalf of the child to over $4.5 million--with the precise amount to be determined under a "high-low" arrangement depending on the outcome of an insurance-coverage dispute presently before the First Circuit. The malpractice case, meanwhile, remains pending against three defendants, another outpatient-care provider and two of its employees.