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$2.5 Million – Medical Malpractice, Failure to Diagnose, Wrongful Death


Attorney Owen P. McGowan Negotiates $2.5 Million Settlement for Mother Killed By Medical Malpractice


Attorney: Owen P. McGowan, then with the firm of Mitchell, McGowan & DeSimone of Boston

Type of Case: Medical Malpractice, Failure to Diagnose, Wrongful Death

Amount of Settlement: $2.5 Million

Date of Settlement: June 21, 2000

Court: Middlesex Superior Court

Special Damages: Funeral Expenses


Case Summary:
Attorney McGowan and his former law partner represented a young father with two children under the age of three. His wife had died shortly after giving birth to their third child at a suburban Boston hospital in 1995.

The plaintiff’s counsel claimed that the attending physicians and nurses had failed to properly diagnose and treat the woman’s HELLP Syndrome. As a result, she died approximately 32 hours after the delivery of her third child. The case settled after a full-day mediation and the mediator conducted several follow up sessions with the parties by phone.

Had the case gone to trial, the plaintiff’s counsel was prepared to introduce evidence of poor communication between the nurses and physicians who treated the mother. The attending physicians were unaware of the nursing protocols at the hospital. The hospital was understaffed and there was a failure to refer the plaintiff to a more appropriate medical setting given her needs.

The plaintiff’s team also retained a forensic expert who found handwriting discrepancies in the youth mother’s medical chart. The investigation revealed that her medical records had been altered, from 2 micrograms of Magnesium Sulfate to 3 micrograms, which was the prescribed amount.

This case, Lund v. Doe, et al., was settled for $2.5 million and was the highest medical malpractice award in Massachusetts in 2000.

Awards

$2.75 Million: Construction Accident
–
$2.5 Million: Medical Malpractice
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$1.85 Million: Car Accident
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$1.45 Million: Car Accident

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McGowan & Associates
80 Washington Street Ste C20
Norwell, MA 02061
Office: 781-261-9977
Fax: 781-261-9993

Practice Areas

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Personal Injury

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Our Attorneys

Owen P. McGowan
Christopher J. Greeley
Christopher C. Nichols
Mathew P. Smith

Practice Areas

Personal Injury
Subrogation
Estate Planning
Real Estate
Business Law
Civil Litigation

Alternative Dispute Resolution

Mediation

Arbitration

McGowan & Associates | 80 Washington Street Ste C20 | Norwell, MA 02061 | Office: 781-261-9977 | Fax: 781-261-9993
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McGowan & Associates serves clients across Massachusetts, including in the South Shore and Plymouth County: in Abington, Bridgewater, Brockton, Carver, Duxbury, East Bridgewater, Halifax, Hanover, Hanson, Hingham, Hull, Kingston, Lakeville, Marion, Marshfield, Mattapoisett, Middleborough, Norwell, Pembroke, Plymouth, Plympton, Rochester, Rockland, Scituate, Wareham, West Bridgewater and Whitman. In Norfolk County, serving clients in Quincy, Cohasset, Weymouth, Braintree, Randolph and Milton. Also serving Boston and Suffolk County, Cambridge and Middlesex County, Essex County, Bristol County and Barnstable County.