Steve Shapiro and Angela McGraw of Shapiro Winthers & McGraw P.C. received a Plaintiff’s Verdict in a Medical Malpractice case on February 21, 2017 in Denver District Court.

The Plaintiff is an adorable 7 year old boy represented through his wonderful and caring 61 year old grandmother.  The Defendant was Stella Hines, M.D. a Pulmonologist/Critical Care Specialist contracted to work at Rose Medical Center back in September 2009.
The Plaintiff was 31-32 weeks in utero when his 23 year-old-mother presented to Rose Medical Center in respiratory distress from an asthma attack and pneumonia.  Mom eventually required intubation to secure her airway.

A few hours after intubation, mom’s endotracheal tube became dislodged. At the order of Defendant Hines, the tube was pushed in farther by a respiratory therapist. Despite several signs/symptoms that the tube was misplaced, Dr. Hines did not identify the problem and did not re-intubate the patient.  The “signs” demonstrated that the ET tube had been filling the patient’s esophagus and stomach with air rather than and/or in addition to her trachea and lungs.
As a result of the misplaced ET tube, mom was deprived of sufficient oxygen ultimately resulting in her death.

As a result of mom’s decreased oxygen levels, the baby’s heartrate was significantly decreased for greater than 20 minutes and unobtainable for 11 minutes. At birth, the Plaintiff was resuscitated and intubated.  He suffered hypoxic ischemic brain injuries resulting in visual motor, visual spatial, visual memory, fine motor deficits and secondary ADHD, along with other conditions (such as hernia, NEC and developmental delays) related to prematurity.

After 9.5 hours of deliberations, that began on the Friday before President’s Day weekend and continued the Tuesday thereafter, our client was awarded a verdict of $2,105,000.00.

The breakdown:  Past Economic and Non-economic damages: $0.00; Future Medical Bills: $55,000.00; Loss of Future of Earning Capacity: $1,300,000; Future Non-economic damages:  $750,000.00.  With reduction for “non-economic damages cap” and 7 years of interest the verdict is expected to exceed $3 million for our very deserving 7 year-old.