Marc Brecher has successfully obtained a seven figure settlement on behalf of the estate of a 14-year-old child who died following a tonsillectomy. Brecher argued that the child demonstrated signs and symptoms of severe respiratory distress following the tonsillectomy, which went unrecognized. Despite significant respiratory distress, the child was discharged from the hospital with a prescription for codeine, which only served to make the respiratory distress worse. The child was found unresponsive 10 hours following his discharge from the hospital and could not be resuscitated. Attorney Brecher successfully argued that had the respiratory distress been properly recognized, the child would have remained in the hospital in an intensive care unit instead of being sent home on a medication that only made his symptoms worse.

Endotracheal Tube Dislodgement Leads to Death of 27-Year-Old Woman

Marc G. Brecher, Esquire and Susan A. Morgan, Esquire, have obtained a large confidential settlement in a lawsuit against a local hospital and its intensive care staff who failed to respond in a timely manner when a patient's ventilator alarm repeatedly sounded, indicating that her endotracheal tube had dislodged. The patient was a 27-year-old woman, disabled from a rare congenital syndrome, who was hospitalized for respiratory insufficiency. Instead of determining the cause of the alarm sounding, the ICU nurse merely silenced and reset the alarm. Unfortunately, the young woman eventually coded due to the tube dislodgement and suffered irreversible brain damage before she was re-intubed. She never regained consciousness and died several days later.

Wapner Newman Partners Marc Brecher and Steven Wigrizer Named 2008 Pennsylvania "Super Lawyers"

For the fifth consecutive year, Wapner, Newman, Wigrizer & Brecher attorneys Marc G. Brecher and Steven G. Wigrizer have been named 2008 Pennsylvania "Super Lawyers" by Law & Politics magazine and Philadelphia Magazine.

Attorney Brecher, a shareholder at Wapner, Newman, Wigrizer & Brecher, has been named a Super Lawyer yearly since 2004 in recognition of his contributions to the field of law. Remaining focused on his clients' needs and success, he consistently demonstrates his expertise in civil litigation by representing clients affected by medical malpractice, personal injury, premises liability, faulty products and motor vehicle accidents. He has been practicing law in the Philadelphia area since 1977.

Attorney Wigrizer, also a shareholder with Wapner, Newman, Wigrizer & Brecher, has been recognized as a "Super Lawyer" each year since 2004 for his outstanding performance representing victims of medical malpractice, faulty products, motor vehicle accidents, premises liability and personal injury. He has obtained many six- and seven-figure settlements for his clients and is consistently recognized as a leader and scholar in matter pertaining to the law. A graduate of Boston University School of Law, he has represented clients in Pennsylvania and New Jersey since 1979 and lectures frequently to area law students.

Pennsylvania Super Lawyers are voted for and named by their peers and colleagues in the field of law. It is an honor reserved for the top 5 percent of the profession.

$1 Million Settlement for Child who Suffered Brachial Plexus Injury at Delivery Complicated by Shoulder Dystocia

Marc Brecher has obtained a $1,000,000 settlement for a child who suffered a severe brachial plexus injury at birth. This injury was due to a complication known as a shoulder dystocia. During a shoulder dystocia, a baby’s shoulder becomes stuck in the mother’s birth canal. In this case, Brecher was successful in arguing that the obstetricians who delivered this child exerted excessive force on the baby’s head and neck during the delivery, which resulted in a permanent injury to the child’s brachial plexus nerves. The brachial plexus nerves are located in the neck and control arm, hand and elbow function. As a result of this child’s brachial plexus injury, the child has limited use of her arm and elbow.

$3.8 Million Settlement for Child who Suffered Spinal Cord Injury During Breech Delivery

Marc Brecher has successfully settled a medical malpractice claim for $3.8 million. This case concerned a child who was in a breech position at the time of delivery. When the obstetrician performed the cesarean section delivery, force was exerted on the baby’s neck causing the baby to suffer a spinal cord injury. Brecher was successful in arguing that the baby’s spinal cord injury was due to excessive force on the baby’s neck during the cesarean section extraction. As a result of this injury, this child will never be able to walk independently for the remainder of her life. A portion of the settlement proceeds was used to purchase a structured settlement, which will pay this child over $23,000,000 over the course of her lifetime.

$4.2 Million Settlement for Child who Suffered Brain Damage During Shoulder Dystocia

Marc Brecher has secured a settlement in the amount of $4,200,000 for a child that suffered permanent brain damage during a delivery that was complicated by a shoulder dystocia. The mother of this child was a gestational diabetic. Gestational diabetic mothers are at risk for delivering excessively large children. In the instant circumstances, the mother delivered a baby that was over 10 pounds. Unfortunately, this baby became stuck in the mother’s birth canal during the delivery. This condition is known as a shoulder dystocia. During a shoulder dystocia, a baby may not be properly oxygenated. In the instant circumstances, this child suffered brain damage because it took an excessive amount of time to extract the baby from the birth canal. It was alleged that a cesarean section should have been performed to avoid this complication. A portion of the settlement proceeds was used to purchase a structured settlement annuity, which will pay this child over $15,500,000 over the course of his lifetime.

$4.5 Million Dollar Settlement Obtained for Child who Suffered Irreversible Brain Damage due to Failure to Properly Interpret Fetal Heart Rate Monitor Tracings

Marc Brecher has obtained a $4.5 million dollar settlement on behalf of a child who suffered irreversible brain damage due to the failure of the attending obstetrician to properly interpret fetal heart rate monitor tracings. It is common that a baby’s heart rate is recorded on a continuous strip, which indicates the baby’s well being. In this particular case, the baby was showing severe fetal distress on the fetal heart rate monitor tracings, yet the attending obstetrician failed to stop labor and perform an immediate cesarean section. As a result of the failure of the attending obstetrician to halt labor, the baby suffered continuous intra-utero stress in the hours leading to his delivery which left the baby with permanent brain damage. A portion of the settlement proceeds was used to purchase a structured settlement annuity which will pay this child in excess of $11,900,000 over the course of his lifetime.

$4 Million Settlement for Child who Suffered Injury due to Failure to Diagnose Congenital Heart Condition

Marc Brecher defended a child plaintiff who was born premature. He was placed in the neonatal intensive care unit for monitoring. In the days following his birth while he was still in the neonatal intensive care unit, he demonstrated signs and symptoms of heart irregularities. However, these signs and symptoms were not recognized by the attending neonatal staff. Due to the delay in diagnosis, this child went into cardiac arrest which caused the child to suffer severe multi-organ system injuries. As a result of this cardiac arrest, this child suffered feeding difficulties and developmental delays. Marc Brecher was able to obtain a $4,000,000 settlement on behalf of this child. A portion of the settlement was used to purchase a structured settlement annuity, which will pay this child in excess of $18,400,000 over the course of this child’s lifetime.

$5 Million Settlement for Child Injured at Birth due to Improper Use of Forceps

Marc Brecher has obtained a $5,000,000 settlement for a child who suffered intraventricular and subarachnoid hemorrhage due to the inappropriate use of forceps at the time of delivery. During the delivery, the attending physician used forceps on this baby’s head without appropriately locking the forcep blades. This inappropriate conduct was witnessed by another physician who repeatedly advised the attending obstetrician to stop using the forceps in such an inappropriate manner. Nevertheless, the attending physician continued to use the forceps inappropriately causing the baby to suffer irreversible brain damage. A portion of the settlement proceeds was used to purchase a structured settlement annuity, which will pay this child in excess of $16,000,000 over the course of his lifetime.

$8.4 Million Settlement for Woman who Suffered Brain Damage due to Delay in Diagnosing Ruptured Splenic Artery

Marc Brecher has settled a medical malpractice case brought on behalf of a woman who suffered irreversible brain damage due to a delay in diagnosing a ruptured splenic artery for $8,400,000. The plaintiff - a 49-year-old woman - was riding a bicycle down a steep hill. She fell off her bike. She was taken to a local hospital and admitted for observation. During the overnight hours, she exhibited signs and symptoms of internal bleeding. Yet, no diagnostic test was performed to find out what was causing her to lose blood. The next morning she suffered a cardiac arrest from severe blood loss due to a ruptured splenic artery, which was injured when she fell off her bicycle. As a result of her cardiac arrest, she was rendered a spastic quadriplegic.

$5.8 Million Settlement in Obstetrical Malpractice Case

Marc G. Brecher recently settled an obstetrical malpractice claim filed on behalf of a baby who suffered irreversible brain damage at birth. The baby was “twin B”. Shortly after twin A was delivered vaginally, it became apparent that twin B was suffering fetal distress. Instead of ordering an emergency cesarean section, which would have resulted in delivering the baby within 5 to 10 minutes, the delivering obstetrician opted to wait for a spontaneous vaginal delivery, which took an additional thirty-five minutes. The baby was born alive - but severely asphyxiated. A portion of the settlement funds was used to purchase a structured settlement annuity, which will provide more than $40 million dollars over the lifetime of this baby.

Jury Returns $838,809 Verdict in Medical Malpractice Case

July 2006

A Superior Court jury returned an $838,809 verdict in a medical malpractice lawsuit filed after a baby suffered nerve damage during delivery.

The central contention in the case, Banks v. Kaza Medical Group and Noel M. Anupol, M.D., was whether the nerve damage was caused by the obstetrician during delivery, or by “maternal forces,” according to testimony and written reports from medical experts hired by the parties.

Both sets of experts agree in their written reports that the damage to the baby’s brachial plexus, a cluster of nerves in the neck, occurred because of shoulder dystocia, a situation where the fetus’ shoulder gets caught on the mother’s pubic bone during delivery. The agreement ended there.

Injuries related to shoulder dystocia are “one of the most common obstetrical malpractice claims that get filed in the (United States). It’s usually associated with big babies,” said Marc G. Brecher of Wapner Newman Wigrizer & Brecher in Philadelphia, lead counsel for plaintiffs Chantel and Timothy Banks, parents of Reuben Banks, the injured child who was left with impaired use of his left shoulder, arm and hand.

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$800,000 Verdict for Family of Girl Drowned at YMCA Pool

May 2004

Evans, 11, was on a class field trip to a swimming pool. An hour after the students got to the pool, Evans was found floating facedown and unconscious in the water. She died of acute respiratory distress syndrome (ARDS) a month later. Her medical expenses were $55,000. She is survived by her mother and siblings.

Evans's estate [represented by Wapner Newman attorneys Marc G. Brecher and Susan Morgan] sued the local YMCA, a branch of the national organization, alleging negligent supervision in that the head lifeguard had only assigned two lifeguards to monitor the crowded pool. Plaintiff alleged that Evans must have been in the pool for at least one to two minutes, and the fact that she had aspirated vomit demonstrated that water had entered her lungs. Had there been more lifeguards, plaintiff argued, she would have been noticed much faster.

Defendant contended Evans was found within 45 seconds of her submersion, proving the lifeguards were doing their jobs adequately. Defendant also claimed Evans vomited because she had just eaten, rather than because water had entered her lungs. Thus, the ARDS was a result of her vomiting, rather than her submersion.

A jury awarded $800,000.

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