Settlement for the Estate of a 37-year-old woman. The decedent gave birth in a New York City Hospital and was discharged home a few days thereafter. While at home, the decedent started to experience vaginal bleeding. After two weeks at home the decedent presented to the emergency room of a different hospital in New York City. While in the emergency room a sonogram was taken and it was discovered that a piece of the placenta was left in decedent's uterus. The decedent developed an infection due to the partially retained placenta which lead to sepsis and her untimely death.
The defense that was raised by the hospital lawyers was that a complete examination of the decedent’s uterus was conducted after the delivery of her placenta and that the entire placenta had been delivered. In addition, the defense argued that due to the location of the retained piece of placenta, it was not ascertainable during the examination. Furthermore, the defense argued that a partially retained placenta is a risk of child birth.
Stuart Finz, the trial attorney representing the Estate, engaged a team of doctors with Ivy League credentials who supported the proposition that the defendant hospital and its employees departed from good and accepted medical practice by failing to perform a proper and thorough uterine examination to ensure that the entire placenta was delivered. In addition, Stuart was prepared to present proof that the hospital and its doctors failed (post-delivery of the placenta) to monitor the decedent and recognize the signs and symptoms of a partially retained placenta.
In addition to the medical team of experts engaged by Stuart, a medical illustrator was retained who created multiple demonstrative illustrations depicting the female reproductive system and the partially retained placenta. These illustrations would have been presented to the jury as demonstrative evidence.
Just prior to jury selection Stuart settled the case for $5,500,000.00.