Below is an example of a Minnesota birth injury lawsuit, which outlines the facts of the case, the allegations of negligence, and the causes of action against the defendant in a shoulder dystocia birth injury claim.
IN THE DISTRICT COURT COUNTY OF HENNEPIN, STATE OF MINNESOTA
Our law firm handles birth injury cases all over the country. We recently picked up a new case in Minnesota. I think we can really help this child and this family.
In every state, we research the law and talk to local counsel. When our lawyers take a Minnesota birth injury case, we hire local lawyers in Minnesota to help. Does that cost the client more? It does not. It comes out of our fee when the case settles. So families get two lawyers for the price of one.
I thought it would be a good idea to publish our research. If others had put their research online, it would have made our job a lot easier.
A Jury Verdict Research study found that the median award in Minnesota in personal injury cases is an even $30,000. Minnesota personal injury plaintiffs receive an award in 67 percent of cases that go to trial.
The median compensation in Minnesota is somewhat below the national median of $38,179, and I suspect Minneapolis, St. Paul, and Rochester verdicts inflate that average a bit. But because Minnesota has no-fault coverage (or PIP) in motor vehicle wreck claims up to $40,000 ($20,000 for medical bills and $20,000 for economic loss) that is subject to the collateral source rule, Minnesota personal injury lawyers tend to have few small cases in Minnesota.
In other words, Minnesota law provides that awards are offset by collateral source payments (if the source of reimbursement does not have a subrogation right). So the gap between Minnesota’s median and the national median verdict is probably wider than the numbers reflect. Not surprisingly, U.S. Chamber of Commerce data found Minnesota juries to be the “15th best,” which means the 15th worst for personal injury victims.
In October, an $8.9 million birth injury malpractice payout was awarded against a Minnesota midwife. This case underscores the danger of failing to accurately estimate the fetal size and weight before delivery.
This post looks at this Minnesota birth injury lawsuit and provides sample fetal macrosomia settlement amounts and jury awards.
Our lawyers handle fetal macrosomia lawsuits throughout the country. If you want to bring a claim or have a question about your claim, call our birth injury attorneys at 800-553-8082.
The average verdict in a personal injury case in Minnesota is $271,577. The national average is $885,600.
Does this mean Minnesota juries are not sympathetic to personal injury victims? I think it might, actually. In fact, I think the statistics might actually underestimate how stingy Minnesota juries can be.
Why? The biggest driving force in personal injury verdicts is car accidents because is the most common type of personal injury case. So the state’s law in dealing with car accident claims will make a more meaningful impact on personal injury statistics.
I’ve previously written about my concerns of courts letting procedure prevail over substance in personal injury cases – usually in favor of the defendant. Last week, the Minnesota Court of Appeals handed down a case that underscores this problem in Bothun v. Martin LM, a medical malpractice lawsuit brought by the decedent’s surviving husband.
In 2008, a woman was diagnosed with an abdominal aortic aneurysm that required surgery. Before undergoing the necessary surgery, decedent began a regimen of blood thinners and had stents inserted into her heart. In January 2009, decedent had surgery. During the procedure there was a 32-minute loss of blood to her kidneys due to renal ischemia and transient hypotension. The patient was discharged five days after the surgery and no further complications were reported. In fact, her husband reported that she looked healthy when they were leaving the hospital. All seemed well.
Less than 24 hours later an ambulance rushed the decedent to the hospital, and she was pronounced dead following CPR and other emergency procedures. The attending nurses reported that the decedent’s condition changed in a matter of minutes while they were deciding on a course of action for her care.
After a week-long wrongful death trial in Minnesota, the family members of a twenty-two-year-old college student killed on a bicycle have said that while they are grateful for the jury award of $591,000. However, they would have preferred that the two men they blame for their son’s death be forced to spend time in prison. Felony murder and battery charges were dismissed against both defendants.
Sad details here. Apparently, the deceased disagreed with a member of a college hockey team. That member and several other players and recruits were said to have consumed 100 shots of alcohol that night. After the disagreement, the deceased apparently fled the bar on a bicycle, fleeing for his life while being chased by the boys. There were differing accounts of whether the boy was pushed, and by whom or whether his high level of intoxication caused him to crash. Regardless of fault, it is clear that the night was riddled with poor judgment and misconduct and that the death of this young man was absolutely senseless.
This garbage happens in college and usually does not end in death. Kids drink too much and do stupid things and, usually, no real harm is done. But sometimes things go really wrong, as they did in this case and this tragedy will impact this boy’s family for the rest of their lives.
The Minnesota Court of Appeals decided an interesting medical malpractice case addressing the bar plaintiffs’ malpractice lawyers must clear when presenting a certificate of merit that will survive summary judgment.
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