Breit Cantor Secures 6 of Top 65 Virginia Settlements in 2019
Courtney Sweasy—April 1, 2020
The 2019 Largest Settlements issue of Virginia Lawyers Weekly shows Breit Cantor Grana Buckner with the most top ten settlements of any other firm in the state as well as 6 of the top 65 settlements for the year. We are excited about the results delivered to our clients in 2019 and the positive impact these settlements have had on their lives.
Breit Cantor’s Top Virginia Settlements
As reported by Virginia Lawyers Weekly:
#2 – $11.5 million – Baby not properly aspirated at hospital, suffered brain injury
#8 – $5 million – Three killed on roadside of Route 288
#10 – $4.7 million – Man hurt leg and shoulder in industrial accident
#23 – $2 million – Newborn suffered brain injury during long labor
#47 – $1.15 million – Med-mal case settled prior to filing
#54 – $1 million – Teen was sexually assaulted at work
See below for more details about each case. These settlements were secured by attorneys from Breit Cantor Grana Buckner for the firm itself, or while working as co-counsel. In total, Breit Cantor has secured over 150 verdicts and settlements valued at $1 million or more.
Baby not properly aspirated at hospital, suffered brain injury
D.B., an Infant by and through his Parents and Next Friends, Deardre D. Bebeau and Daniel J. Bebeu Sr., et al v. United States of America
Type of action: Medical malpractice; Federal Tort Claims Act
Court: U.S. District Court – Eastern District of Va.
Name of judge: Judge Raymond A. Jackson
The brain injury lawsuit stemmed from the birth of a boy, identified in court documents only by the initials D.B., in late 2014 at the U.S. Naval Hospital Guam where his parents were stationed at the time. D.B.’s mother was admitted to the hospital around 7 a.m. in the morning after her membranes ruptured at home.
At admission, the baby’s fetal heart rate “reflected a well-oxygenated fetus,” the lawsuit said. Throughout the labor, the fetal heart rate monitor continued to show signs that the fetus was healthy and neurologically intact. However, as the labor progressed, there were signs of fetal stress and meconium (fetal stool) was noted in the amniotic fluid. A pediatrician, John McDonnell, M.D., was called and summoned to the delivery room in advance of delivery so that he could clear the baby’s airway and perform any necessary resuscitation.
D.B. was born at 1:56 a.m. It was noted that D.B. was covered in meconium and “floppy and non-vigorous.” D.B. was immediately handed to Dr. McDonnell by the obstetrician and brought to the warmer for resuscitation.
D.B. showed obvious signs that he was not being adequately ventilated. His vitals did not improve despite multiple attempts at intubation, chest compressions, and bag and mask ventilation. Dr. McDonnell made several unsuccessful attempts to intubate D.B., yet the records reflect that he never suctioned the trachea.
Three killed on roadside of Route 288
Type of action: Wrongful death
Court: Goochland Circuit Court
On June 27, 2018, a motorist, Linli Xu, was driving in the left lane of Route 288 when she struck a deer. Two other individuals, Justin Ransone and Amy Abbott, stopped on the side of the road to assist Xu. Their emergency flashers were on and the right lane of Route 288 remained entirely open. While standing in the median and calling 911, the three individuals were struck and killed by a vehicle driven by defendant.
There was a $1,000,000 commercial auto policy and a $4,000,000 commercial umbrella policy covering defendant’s vehicle. The insurance carrier offered to settle all of the claims for the policy limits after several months of litigation. The families of the three decedents agreed to split equally the settlement proceeds.
Counsel for the three families cooperated in the investigation, litigation and ultimate settlement of the cases. Ransone and Abbott each had two children, who were their statutory beneficiaries. Xu’s statutory beneficiaries were her parents and husband. The grandparents of the Ransone and Abbott children, who were the personal representatives of those estates, did a remarkable job caring for the children after the accident. The entirety of the settlement proceeds for the children were placed into trusts.
Man hurt leg and shoulder in industrial accident
Type of action: Personal injury
Plaintiff suffered severe orthopedic injuries to his leg and shoulder and a traumatic brain injury in an industrial accident. The parties have agreed to keep all other matters confidential.
Newborn suffered brain injury during long labor
Type of action: Medical malpractice
Attorneys for plaintiff: Bellamy Stoneburner, Lewis Stoneburner and Stephanie Grana, Richmond
The injured plaintiff, now age 5, suffered hypoxic ischemic encephalopathy at birth after a delayed vacuum-assisted delivery. Cytotec and Pitocin were administered when labor failed to progress. Numerous resuscitative measures taken by the nursing staff failed to achieve a return to a reassuring fetal heart rate. Despite these failures, Pitocin administration was increased.
Towards the end of the 38-hour labor, Category Three fetal heart rate tracings were indicative of an hypoxic risk to the fetus. The delivering obstetrician attempted a manual rotation of the fetus from the occiput posterior position. The obstetrician then employed a vaccum extractor and encountered shoulder dystocia. At delivery, the baby had no respiratory rate, muscle tone or reflex. After resuscitation, he developed seizures. The infant subsequently was diagnosed with hypoxic ischemic encephalopathy and a number of other issues. Diffusion MRI studies of the infant were critical in timing the insult of the injury.
Med-mal case settled prior to filing
Type of action: Medical malpractice
Attorneys for plaintiff: Irvin V. Cantor, Stephanie E. Grana, Elliott M. Buckner and Joseph L. Cantor, Richmond
This was a medical malpractice case that settled just prior to suit being filed. The parties have agreed to keep all other matters confidential.
Teen was sexually assaulted at work
Type of action: Sexual assault
Plaintiff, age 17, was sexually assaulted while working. The parties have agreed to keep all other specifics confidential.
By Courtney Sweasy