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Family Obtains $33.8M Settlement in Medical Malpractice Suit

In December 2013, Marla Dixon delivered her son, Earl, Jr., at North Shore Medical Center in Miami. At delivery, the baby was blue and his limbs were limp. The medical team revived him, but Earl, Jr. was left with a permanent, severe brain injury due to a lack of oxygen. Ms. Dixon and Earl Jr.’s father, Earl Reese-Thornton, Sr., filed suit.

The lawsuit and testimony alleges that Dr. Ata Atogho blamed Ms. Dixon for not pushing hard enough, falsified Ms. Dixon’s records by documenting she refused a C-section, ordered a drug to strengthen Ms. Dixon’s contractions, and left Ms. Dixon’s room for long periods of time. Testifying medical experts found Dr. Atogho failed to timely intervene when it was apparent Earl, Jr. was in distress. Experts went on to note that Earl, Jr. was born at 3:21 p.m., but if Dr. Atogho had performed a C-section at 3:05 p.m. or earlier, it was “within a reasonable degree of medical probability the baby would not have suffered damage.”

When someone is injured or dies due to a health care provider’s negligence, financial recovery may be available. Such recovery is particularly important when permanent, life changing injuries are incurred. It is important to contact someone who understands the intricacies of the party’s right to recover.

Medical malpractice is a difficult area of law as it requires an understanding of both the legal practice and the mechanics of medicine. Abraham Watkins offers a free consultation to anyone wishing to pursue such claims.


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