2024’s biggest medical malpractice settlements

The largest medical malpractice settlement in the United States so far has been the $261 million verdict in the "Take Care of Maya" case against Johns Hopkins All Children’s Hospital for its mismanagement and mistreatment of a young patient.^[] This high-profile case has set the stage for what we’re seeing in 2024: a continuation of large-scale settlements, increased scrutiny of medical practices, and a stringent legal system. 

$120M for delayed C-section

In March 2024, Michigan jury awarded $120 million to Kirsten Drake and her son in a medical malpractice case against Henry Ford Health System.^[] The lawsuit involved a delayed C-section, leading to severe asphyxiation, cerebral palsy, and permanent brain damage for the newborn.

The lawsuit argued that despite "non-reassuring heart tones" indicating fetal distress, there was a critical 2-hour delay in performing the C-section. The failure to intervene promptly resulted in severe hypoxia and acidosis, violating standard obstetric care protocols.

The child has severe cerebral palsy, is non-verbal and visually impaired, and requires a wheelchair. He needs full-time care from his mother and grandmother.

$76M for birth injuries

In February, a Cook County jury awarded $75.86 million for severe birth injuries during a twin delivery at the University of Chicago Hospital in 2018.^[] After a successful delivery of the first twin, complications arose when doctors, including a 4th-year resident under supervision, attempted an unnecessary manual rotation of the second twin from head-down to breech, causing a fractured arm and extensive brain damage due to hypoxia. 

The baby required immediate resuscitation and multiple surgeries for brain bleeds. Diagnosed with permanent brachial plexus injury, cognitive delays, and limited arm function, the child now needs lifelong medical care. The jury found the obstetric team’s actions negligent, awarding compensation for pain, suffering, and future care needs.

$47M for delayed care after donkey attack

In 2015, Anna Giacomi sustained fractures after a donkey attack in Georgia.^[] Initially manageable, her injuries escalated due to critical medical errors. Care was overseen by an unqualified "wound care specialist," who ignored basic protocols for infection control. Despite evident signs of infection (foul odor, drainage, etc.), delays in care allowed necrotizing fasciitis to advance. Insufficient wound management and lack of timely intervention resulted in partial amputations of her left arm and leg. 

Another birth injury settlement ($33M)

In April, a family reached a $32.5 million settlement in a case against a Reading, PA, hospital, which they allege led to their son's tragic outcome.^[] According to Ross Feller Casey, LLP, the issues began when hospital staff failed to recognize the signs of chorioamnionitis in the mother and fetal distress in the unborn child on time. Proper identification could have prompted an intervention with antibiotics or a Cesarean delivery. Instead, they conducted a forceps and vacuum-assisted delivery.

The report further reads, “After birth, the now brain-injured boy was taken to the Reading Hospital NICU. There, Reading NICU doctors failed to offer the only known treatment for babies born with hypoxic-ischemic encephalopathy – therapeutic hypothermia/brain cooling.”^[] 

For this young boy, born in 2018, the lasting effects of the brain injury with spastic quadriplegia cerebral palsy and cortical blindness mean that he requires tube-feeding and continuous care. 

Don’t let this happen to you

Clinical practice guidelines (CPGs) are increasingly used in malpractice lawsuits as a benchmark for standard care. Plaintiffs use them to show negligence, while defense teams use them to prove adherence to best practices. Though CPGs are not legally binding, authors of a review from Emergency Medical Clinics of North America offers these principles regarding the use of CPGs to minimize medical malpractice: “When it is in the patient's best interest, follow the CPG. When it is in the patient's best interest, don't follow the CPG. Thoroughly document your reasoning for deviating from the CPG.”^[]