Sadly, Martin Harnett of Chicago, Illinois, passed away from complications stemming from medical malpractice at birth. He was 14-years-old.
Martin was a really brave youngster who fought everyday to be normal, something that was very difficult to do given the severe brain damage he sustained at birth. Martin has cerebral palsy and had 24/7/365 care because that was what was needed to let him have some kind of a normal life.
“Martin’s birth should have been without problems, but unfortunately that was not the case. When his mom got to the hospital, she was already in labor, but things weren’t going as they should. Her physician broke her water and found that it was abnormal. At this point, a C-section was called for, but the doctor gave her a drug inducing contractions,” said Daren Monroe, Litigation Funding Corporation, Southfield, Michigan.
Six hours passed and she was still in labor and the baby was in severe respiratory distress. Finally, the doctor opted to perform a C-section, but, for some reason, he waited another hour before operating. “The baby did not get any oxygen or any other help at that time to assist him to breathe. Once he was born, he spent 3 weeks in intensive care,” Monroe recounted.
Later, Martin’s mom discovered that he had severe brain damage; cerebral palsy was caused by the delayed delivery and the physician’s failure to respond to the baby’s oxygen starvation. To compound matters, that same doctor said that the mother had DNA abnormalities and advised her to not get pregnant again. She has since given birth to three healthy sons.
“The mother sued the doctor for medical malpractice; she received a settlement that helped buy a wheelchair accessible van and allowed her to completely renovate her home so Martin could wheel his chair in the house. At the time of Martin’s lawsuit, tort reform did not apply; Martin’s award was not subject to a damages cap. Had the award been capped, the items and changes that the award purchased to permit Martin to live as normal a life as possible would have been impossible,” added Monroe.
This case would have likely been eligible for litigation funding as to Martin’s mom’s share of the proceeds.
Had she chosen to accept litigation funding before the final resolution of her case, she could have immediately provided him with the wheelchair accessible van and the redo of her home instead of having to wait for her settlement. And, had the lawsuit failed, she would have kept the lawsuit funding company’s money with no obligation to repay. A lawsuit cash advance is ideal in cases of immediate and serious need, like this one; while Martin and his mother awaited final justice; immediate financial assistance permitted him to live the best life he could, under very difficult circumstances.