By: Basch & Keegan
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Basch and Keegan Obtains Settlement for Car Accident Victim Whose Child Had Birth Defects
Basch and Keegan partner Maureen Keegan recently negotiated a settlement worth $1.25 million for a pregnant woman who was involved in a car accident with a fuel oil delivery truck. The accident occurred several years ago in the Town of Saugerties. The truck driver failed to obey a stop sign and entered an intersection while Maureen’s client was driving through with the preferred right-of-way.
Maureen’s client went into premature labor after the accident, and she gave birth to a child with severe and permanent impairments. The victim’s infant daughter was hospitalized for one month after the date of delivery and required years-worth of follow up treatments in order to determine the full scope of her injuries. It was ultimately determined that the infant had permanent injuries including cerebral palsy and legal blindness.
This was a complicated case. The issue of liability was clear. Instead, the complication of this case centered on whether the infant’s condition and disabilities were caused the accident or something else, such as genetics. Maureen decided to hire an extremely experienced and knowledgeable expert witness to help her navigate the complex medical questions surrounding the issue of causation. The defense similarly hired knowledgeable experts. The issue of causation was so hotly contested that the parties agreed to mediate the case prior to trial. The mediation resulted in a $1.25 million settlement. The money will be deposited into a trust account, coupled by a structed settlement, which will be utilized for the infant’s benefit only.
In many cases it may take months or even years to fully appreciate the scope of harm suffered by a victim of negligence. These types of cases, with delayed diagnosis, are especially challenging. Thus, it is important to work with an attorney like Maureen Keegan who have experience litigating cases involving complex medical issues.