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Representative Cases

BIRTH TRAUMA AND BIRTH INJURY

Mr. Kleinschmidt's cases have resulted in verdicts and settlements exceeding tens of millions of dollars, including many multi-million dollar recoveries. Some examples follow:

  • HYPOXIC ISCHEMIC BRAIN INJURY - Multi-Million Dollar Recovery

This case involved profound brain damage, cortical blindness, cerebral palsy, and seizure disorder to a 10 lb. baby. The delivering physician and hospital nurses failed to recognize signs of fetal distress on the fetal monitor. They failed to plan for a safe delivery of a large for gestational age (LGA) baby by properly interpreting the ultrasound. Instead, they attempted a vaginal delivery causing the mom's uterus to rupture. The baby then suffocated until delivery by c-section and the baby was severely brain damaged.

  • CERBRAL PALSY CAUSED BY FAILURE TO RECOGNIZE FETAL DISTRESS - Multi-Million Dollar Recovery

This case involved obstetrical and pediatric negligence resulting in severe brain damage and cerebral palsy. The obstetrician failed to respond to repeated episodes of fetal distress on the monitor tracings (repeated late decelerations). The baby excreted meconium while in distress and suffocated until he was delivered with low APGAR scores. This case resulted in a recovery exceeding $10 million. 

  • PERINATAL ASPHYXIA-CASTROPHIC BRAIN DAMAGE - Multi-Million Dollar Recovery 

This case involved a baby who had fetal tachycardia (abnormally high heartrate), followed by fetal bradycardia (abnormally slow heartrate) as shown on the fetal monitoring strips. Despite ominous signs of fetal distress, the Mom was given Pitocin to stimulate contractions for a vaginal birth, rather than delivering the baby by c-section in a timely manner. The baby was delivered by applying forceps to the head after the Mom suffered a 4th degree tear of the vaginal wall through part of her rectum.

  • ANOXIC ENCEPHALOPATHY - Confidential Settlement

This case involved obstetrical negligence resulting in severe brain damage to a child injured by kernicterus and hyperbilirubinemia. Kernicterus is a preventable injury which causes brain damage, deafness, spasticity, movement disorder, and gaze impairment. It can be prevented by treatment of elevated bilirubin, including leaving the infant under UV lights, monitoring blood levels, and careful observation. Unfortunately, in this case, the physician and hospital staff failed to diagnose signs and symptoms of hyperbilirubinemia and failed to treat severe jaundice causing the baby to develop kernicterus and profound brain injury.

  • OBSTETRIC NEGLIGENCE - TEAR FROM VAGINA TO ANUS OF BREECH INFANT WHILE IN MOTHER'S UTERUS DURING DELIVERY - Confidential Settlement

This case involved a physician's failure to perform an ultrasound and misinterpretation of the presenting part of the baby. Using either an amniotic hook or his fingers, the physician tore the baby's vagina through the anus during delivery.

  • UTERINE RUPTURE RESULTING IN FETAL DEATH - Confidential Settlement

This case involved failure to diagnose cephalopelvic disproportion (a baby whose head is too large to pass through the birth canal). After excessive use of Pitocin to stimulate contractions for a vaginal delivery, and a protracted second stage of labor, the mom's uterus ruptured depriving the baby of oxygen causing the baby's death.

INJURIES TO CHILDREN

  • MISDIAGNOSIS OF INFECTION AS APPENDICITUS IN A 10-YEAR OLD CHILD, CAUSING DEATH - Confidential Settlement

This case involved a physician's removal of a healthy appendix and subsequent discharge of the child from the hospital despite fever, vomiting, and rapid heart rate. By the next day, the child went into septic shock and died. The infection (pseudomembranous colitis) should have been treated with antibiotics (vancomycin) and fluid support preventing the child's death.

  • PEDIATRIC NEGLIGENCE – MISDIAGNOSED HOLE IN HEART RESULTING IN INFANT DEATH - Confidential Settlement
  • DOG BITE – 10-YEAR-OLD CHILD MAULED BY PIT BULL- Confidential Settlement
  • NINE YEAR-OLD BICYCLIST HIT BY CAR SUFFERS BRAIN DAMAGE- Confidential Settlement

SURGICAL AND ANESTHESIA ERRORS

  • SIMPLE APPENDECTOMY RESULTS IN PROFOUND BRAIN INJURY DUE TO ANESTHESIA NEGLIGENCE/ERROR- Multi-Million Dollar Recovery
  • SURGICAL ERROR – CAUTERY GUN NEXT TO OXYGEN TANK CAUSING FLASH FIRE TO PATIENT'S FACE- Confidential Settlement
  • SURGICAL ERROR – HEART NET LEFT INSIDE PATIENT CAUSING CARDIAC ARREST- Confidential Settlement
  • PHYSICIAN CONTAMINATED ANESTHESIA MEDICATION CAUSING SEVERE REACTION AND NEAR DEATH TO SEVERAL PATIENTS- Confidential Settlement

MEDICAL NEGLIGENCE AND MALPRACTICE

  • NEGLIGENT INJECTION OF AIR DURING CARDIAC CATHETERIZATION CAUSING SEVERE BRAIN DAMAGE- Multi-Million Dollar Recovery
  • DELAY IN DIAGNOSIS OF HODGKIN'S DISEASE RESULTING IN DEATH- Confidential Settlement
  • MISDIAGNOSED INFECTION LEADING TO LEG AMPUTATION- Confidential Settlement
  • FAILURE TO DIAGNOSE TESTICULAR CANCER- Confidential Settlement

AUTOMOBILE/TRUCKING/MOTORCYCLE ACCIDENTS

  • AUTOMOBILE ACCIDENT RESULTING IN MULTI-LEVEL SPINAL FRACTURES- Confidential Settlement
  • TRUCKING ACCIDENT – C-4 QUADRIPLEGIA AND BRAIN INJURY FROM SIDESWIPE OF A SEMI-TRUCK - Multi-Million Dollar Recovery
  • AUTOMOBILE ACCIDENT RESULTING IN BRAIN HEMORRHAGE OF AN 18 YEAR-OLD STUDENT- Confidential Settlement

DRUG RELATED INJURIES

  • CONTAMINATION OF THE DRUG L-TRYPTOPHAN RESULTING IN SCLEREDERMA AND AUTO-IMMUNE DISEASE- Confidential Settlement

NURSING HOME NEGLECT

  • BLIND AMPUTEE LEFT IN SUN FOR HOURS CAUSING SEVERE BURNS, SHOCK AND DEATH - Confidential Settlement