Birth Injury

Jacob Fuchsberg Firm Settles Case With Unique Stipulation

Bradley Zimmerman
Christopher Nyberg

Attorneys Brad Zimmerman and Chris Nyberg settled a mediation involving an unnecessary stillborn birth.

The settlement included a first-of-its-kind term: the hospital will address its policies for explaining medical conditions to patients, such as pre-eclampsia and intra-uterine growth restriction.  The purpose? To ensure that the patient has a full understanding of their situation and options, including information about the emotional impact of stillborn deaths.

The client, in this case, suffered tremendous emotional distress as a result of the hospital’s failure to provide such information, and it was extremely important to her that others do not suffer the same fate. Brad and Chris successfully negotiated these conditions to require that the hospital discuss these items at grand rounds, which should help improve patient care going forward at that hospital. Not only is this an unusual term of a settlement, but it is monumental for future patients at this hospital.