Sep 11, 2018
Merkel & Cocke, P.A. obtains $2.4 million verdict on behalf of a client who sustained multiple injuries related to labor and delivery negligence.

Clarksdale, MS, United States - September 11, 2018 /MarketersMedia/ —
Merkel & Cocke, P.A. is proud to announce that partners Charlie Merkel and Charles Merkel secured a $2.4 million jury award on behalf of a client who sustained multiple injuries during and after the birth of her child. The Merkels successfully presented her case to a Lowndes County jury, who found in favor of the Firm’s client.
“Justice has been served,” said attorney Charles Merkel. “Our client underwent a terrible ordeal, made all the worse by the poor way in which it was handled by her doctor. There was a lack of care, and it could have cost our client and her child their lives. I am very pleased that the jury saw what we saw, and held the responsible party accountable for his actions.”
Thankfully, the client’s baby was delivered alive and healthy, but the jury found that Holzhauer’s actions were negligent. They awarded the plaintiff $2,408,311.00 in damages.
A breach of duty when it comes to client care
Dr. James Holzhauer delivered the client’s child in 2014, at Baptist Memorial Hospital-Golden Triangle, but during her protracted second stage of labor, the client suffered a uterine rupture – a potentially life-threatening event that could cause the child to suffocate, or the mother to bleed out – or both. Uterine ruptures in patients who have not previously undergone caesarean sections for previous births are rare, but in this case was foreseeable in light of the continued use of Pitocin in the face of the fetus’ failure to descend. Pitocin is a strong medication used to artificially create uterine contractions, which in turn increases uterine pressure. “If a baby is lodged in the mother’s pelvis and uterine pressure increases and continues for a long period of time, something’s got to give. Unfortunately, in this case it was our client’s uterus that eventually burst, creating an absolute medical emergency” says Merkel. Doctors have a responsibility to monitor their laboring patients closely, and to intervene when an arrest of descent occurs.
Charles Merkel argued that the uterine rupture resulted from Dr. Holzhauer’s actions leading up to birth. The patient’s cervix was not favorable when the elective induction procedure was commenced by Dr. Holzhauer, and the patient was instructed to begin pushing prior to full cervical dilation, both of which were violations of the standard of care, according to the plaintiff’s expert witnesses. Later, when fetal distress was indicated the defendant failed to order a C-section in a timely manner. Additionally, Dr. Holzhauer failed to address the severe bleeding of the patient by performing a hysterectomy in a timely manner.
After the last of Dr. Holzhauer’s four surgeries in a twenty-four-hour period, another surgeon was called in to perform a fifth surgery to repair damages to the plaintiff’s bladder and urinary tract that had been caused by Dr. Holzhauer during the previous four surgeries he performed.
About Merkel & Cocke
The Mississippi birth injury and medical malpractice attorneys of Merkel & Cocke, P.A. provide comprehensive counsel to clients throughout the state. As one of the largest plaintiff’s personal injury law firms in Mississippi, Merkel & Cocke routinely handles complex cases, and has secured millions on behalf of their clients. The attorneys primarily focus on:
• Medical Malpractice
• Birth Injuries
• Catastrophic Personal Injuries
• Vehicle Accidents
• Workers’ Compensation
Contact Info:
Name: Charles Merkel
Organization: Merkel & Cocke
Address: 30 Delta Ave., Clarksdale, MS 38614
Phone: (662) 627-9641
For more information, please visit https://www.merkel-cocke.com/
Source: MarketersMedia
Release ID: 405435
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