Bland Richter, LLP

$1.5M

Legal Malpractice

Bland Richter is pleased to announce a $1.5 million settlement of a legal malpractice claim arising from negligent representation as corporate counsel.

$2.1M

Medical Malpractice

The family of a woman who remains in a coma after giving birth in a Columbia hospital in 2018 has settled a lawsuit against the treating hospital and the University of South Carolina for $2.1 million, her attorneys report. Jodie Roberts had a high-risk pregnancy before being admitted to Prisma Hospital to give birth to her son. She was in labor for 36 hours, during which her blood pressure became “dangerously high” and she suffered from hypoxia, or shortness of breath. Roberts suffered a stroke and was rushed for an emergency C-section to deliver the baby. She went without oxygen for about 18 minutes before she was intubated. The baby was delivered, but Roberts suffered significant injuries including severe anoxic brain impairment. She remained at Prisma hospital for about six months before she was discharged and has remained bedridden and in a coma since. The baby was in an induced coma for about three weeks, and it is too soon to tell whether he will suffer from cognitive defects. In the lawsuit, Roberts’ guardian and uncle, Burrell Kelly, alleged that the hospital failed to supervise the medical residents from the University of South Carolina who were primarily responsible for treating and monitoring Roberts and failed to alter the medical plan in place to deal with her elevated blood pressure. Bland said the residents at the hospital were scared to change Robert’s medical care plan and there should have been a doctor available to take charge and make that call. Given Roberts’ pre-existing health conditions, such as obesity and diabetes, Prisma knew the risks the pregnancy presented to her, including the risk of a stroke, which heightened the need to monitor and manage her blood pressure, the complaint alleged. Roberts, now 37, is in a persistent vegetative state and lives with her uncle and grandmother, who provide care for her 24 hours a day, Bland said. She requires a respiratory therapist and an occupational therapist for treatment in the hopes that she will regain some sort of movement in the future, although doctors say that her prognosis is grim. A life care plan by Sarah Lustig of Mt. Pleasant said that because of the extensive brain injuries, the cost of future health and related costs are more than $20 million, but South Carolina law caps such damages at $1.2 million for each occurrence for charitable and non-profit hospitals. The attorneys said that one of the hardest aspects of the case was trying to get Roberts’ family to understand why the settlement was capped. “If this was a private medical provider, then the cap would only have been $1.2 million for pain and suffering, but there would be no cap for the economic damage,” Bland said. “The tort law damages caps are completely arbitrary and there needs to be an exception for cases of catastrophic injuries where there is need for ongoing costly medical treatment.” The attorneys for the defendants, Murrell Smith of Smith Robinson in Columbia who represented Prisma Hospital, George Beighley of Richardson Plowden in Columbia, who represented the medical residents, and Kay Crowe of Barnes Alford Stork & Johnson in Columbia, who represented the University of South Carolina School of Medicine, could not be reached for comment, but Bland said that they contended that the hospital had followed standard practices of care.

$206,926

Personal Injury

Bland Richter is pleased to announce that it settled a personal injury case for $206,926.08 arising out of an injury sustained by a seventh grade Clover Middle School student during track practice. The student sustained the injury after his right pinky finger was crushed when another student threw his shot put while our client was retrieving his throw. The injury resulted in the amputation of a portion of our client’s right pinky finger. The allegations of the Complaint included improper supervision of the 7th and 8th grade athletes and improper training of the track coaching staff. The total damages recoverable in this case were limited by a statutory cap of $300,000.00.

$116,422

Commercial Litigation, Bad Faith Termination

Bland Richter obtained an arbitration award in the amount of $116,421.71 from the American Arbitration Association. Bland Richter represented a former Sears Roebuck small appliance retail dealer who had a retail location in Barnwell, South Carolina. It was alleged that the dealership was terminated in bad faith and without good cause. The arbitrator held that there was not good cause for the termination and awarded damages.

$1M

Medical Malpractice

Bland Richter settled a medical malpractice litigation matter against an internal medicine physician for $1,000,000. The Plaintiff had been a long-term patient of the Defendant’s practice and was being managed on the blood thinning medication Coumadin. The action alleged that the participating physician failed to properly monitor the medication, thus leading to the patient suffering a intracerebral hemorrhage.

$11.5M

Legal Malpractice, Breach of Fiduciary Duty

After four years of contested litigation, Bland Richter, along with their co-counsel, settled a legal malpractice/breach of fiduciary duty case for claims against all of the law firms involved for a total of $11,500,000. Bland Richter was a part of the team of attorneys involved in this protracted litigation matter.