Hermes Sargent Bates Lawyers Successfully Defend Local OB/GYN in Medical Negligence Case

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Hermes Sargent Bates name partner, David Sargent, and partner Michael Hurst successfully represented DallasÂ? Irwin Endelman, M.D., in a medical negligence case concerning the handling of a labor induction that ended in an emergency C-section. On April 19, 2005, a Dallas County District Court twelve-person jury, returned a verdict in favor of the Defendant.

Hermes Sargent Bates name partner, David Sargent, and partner Michael Hurst have successfully represented a local Obstetrician/Gynecologist in a medical negligence case, concerning the handling of a labor induction that ended in an emergency C-section.

Mr. Sargent and Mr. Hurst represented Dallas’ Irwin Endelman, M.D., in the case decided earlier this week. Dr. Endelman and co-defendant RHD Memorial Medical Center (represented by Russ Schell of Schell Mitchell & Cooley) were sued by a former patient. The Plaintiff alleged negligence on the part of the doctor and hospital caused her child to be born with hypoxic ischemic encephalopathy. The child will require life-long medical care and 24-hour supervision.

In the lawsuit, the Plaintiff argued that the hospital nurses were negligent in the monitoring of the drugs Cytotec and Pitocin, in their interpretation and use of the fetal monitor strip, and in their communication with Dr. Endelman. Plaintiffs alleged Dr. Endelman was negligent in his use of the drug, Cytotec, in his response to the phone calls from the nurses during the induction, in ordering an amnioinfusion in response to a prolonged deceleration, and in not timely ordering and performing a C-section.

The Plaintiff’s attorneys presented nine separate experts on liability, causation, and damages during the three-week trial, in an attempt to convince the jury of the alleged negligence on the part of the involved healthcare providers. The experts projected that the minor child would need between $17,618,269 to $19,446,968 (present value) in future medical expenses for her lifetime. In addition, the Plaintiff claimed damages of $807,425 to $1,406,431 (present value) for future wages, as the minor child would never have the ability to work due to her medical condition.

Both Defendants denied liability. Defendants further maintained that the oxygen deprivation suffered by the child prior to her birth was of a sudden onset, and it was a non-foreseeable event to the involved healthcare providers.

On April 19, 2005, a Dallas County District Court twelve-person jury, by a vote of 10-2, returned a verdict in favor of both of the Defendants, as they answered the first question on negligence and proximate cause with a “No.”

“Congratulations to the trial team for this well-deserved victory,” says Mr. Hurst of Hermes Sargent Bates. “We applaud our client, Dr. Endelman, for his vindication of his medical management of this emergency situation, and his conviction in seeing this matter through to a verdict.”

Hermes Sargent Bates, a full-service commercial firm and the largest firm in Texas with a female name partner, works with a wide array of local, national, and international clients in the risk, manufacturing, services, and commercial sectors. Recently named by Texas Lawyer as the sixth fastest growing firm in Texas, the firm handles a wide range of cases, including: appellate & litigation support, banking & finance, bankruptcy & creditors’ rights, commercial litigation, construction litigation, general employment & labor, healthcare, mass tort litigation, medical malpractice, premises liability, products liability, professional liability, real estate, transportation, and workers’ compensation. The attorneys also have a broad depth of experience in advising clients on non-litigation matters.

For more information on the trial success, please contact attorney Michael Hurst at 214-749-6000, or Lauren Laughead at 214-749-6569. The firm’s website can be found at http://www.hsblaw.com.

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Lauren Laughead