Case Results

A 40-Year History of Record-Breaking Victories

For over 40 years, the team of birth injury lawyers at Davis Levin Livingston has fought for clients across Hawaii in a range of medical malpractice and injury-related matters. They have set a number of litigation benchmarks with the verdicts and settlements, including the highest malpractice judgment against a military hospital in U.S. history. For Davis Levin Livingston, their case results are a direct example of how they have improved the lives of their clients. They know what a difference fair compensation can make in your birth injury case, and they will fight for the results you need.

  • $15,000,000

    Vacuum/Forceps Injuries

    Hospital improperly attempted to deliver a post-date baby via a traumatic second stage vacuum extraction. The extraction and delay in delivery resulted in permanent brain damage.
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  • $12,500,000

    Fetal Distress

    Tripler Army Medical Center staff failed to respond properly to repeated cardiac alarms causing a two-month-old infant to suffer a cardiac arrest and prolonged oxygen deprivation, resulting in permanent brain damage. A $12,500,000 judgment was obtained after trial and two appeals to the Ninth Circuit Court of Appeals.
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  • $11,000,000

    C-Section Errors

    Tripler Army Medical Center physicians failed to respond properly to signs of fetal distress, resulting in a delayed c-section. At birth, the baby was unable to breathe, and required intubation. The breathing tube was incorrectly placed in the baby’s esophagus instead of her trachea. These two medical errors combined to cause the baby to suffer an extended period of oxygen deprivation, which caused severe brain damage. An $11,000,000 settlement was obtained just before trial.
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  • $9,975,000

    Brain Injury

    Hospital’s failure to monitor an infant’s rising bilirubin caused the baby to suffer bilirubin encephalopathy and kernicterus, resulting in severe and permanent brain damage. A $9,975,000 settlement was obtained.
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  • $9,000,000

    Cerebral Palsy

    Hospital mismanaged the labor of a woman suffering from an infection called chorioamnionitis. The hospital staff failed to respond properly to signs of fetal distress from an electronic fetal monitor, causing the baby to experience a prolonged period of oxygen deprivation. The baby required resuscitation and intubation at birth, but sustained a severe brain injury resulting in Hypoxic Ischemic Encephalopathy (HIE) and Cerebral Palsy.

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  • $9,000,000

    Hypoxic Ischemic Encephalopathy

    Tripler Army Medical Center staff and physicians failed to monitor properly a high-risk pregnancy, and ignored the mother’s excruciating pain and signs of bleeding. When the fetal heartbeat could not be found using an electronic fetal heart monitor, Tripler staff improperly delayed in diagnosing and responding to a uterine rupture. By the time the uterine rupture was diagnosed and an emergency c-section was performed, the baby had suffered a severe brain injury, resulting in Hypoxic Ischemic Encephalopathy (HIE) and Cerebral Palsy. A $9,000,000 settlement was obtained.

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  • $7,900,000

    Fetal Distress

    Hospital’s delay in performing a c-section in response to signs of fetal distress caused an infant to suffer permanent brain injuries and spastic quadriplegia. A $7,900,000 settlement was obtained.
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  • $6,000,000

    Hypoxic Ischemic Encephalopathy

    A mother, who had delivered a previous child through cesarean section presented at her OBGYN’s office for a medical evaluation at 40 weeks and 2 days of her pregnancy. Her doctors performed a Non Stress Test (“NST”) and failed to recognize signs of fetal distress. Six hours later, the mother began to suffer painful contractions and proceeded to the hospital. The hospital staff failed to recognize signs that the baby was struggling and suffering from oxygen deprivation. The mother labored for an additional four hours before an emergency cesarean was finally performed. The baby was born limp and required resuscitation through a breathing tube. The delayed cesarean section caused the oxygen deprivation to worsen, resulting in Hypoxic Ischemic Encephalopathy (HIE). As a result, the baby suffers from permanent quadriplegia and developmental delays.

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  • $4,900,000

    C-Section Errors

    Hospital proceeded with a trial of labor despite the fact that the obstetrician knew or should have known that the mother had a deformed sacrum that caused the baby to become stuck in the birth canal. The baby sustained brain damage before an emergency c-section could be performed. A $4,900,000 settlement was obtained.

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  • $4,500,000

    Fetal Distress

    Hospital failed properly to monitor a premature baby known to have retinopathy of prematurity (ROP), and failed to intervene and treat the ROP when it reached the threshold for treatment, causing permanent blindness in both eyes. A $4,500,000 settlement was obtained.
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