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Florida Birth Trauma Medical Malpractice Litigation Results in $35 Million Verdict-Could Lawsuit Finance Have Assisted?

A Lauderhill, Florida family was awarded $35 million by a Broward County jury, last Friday, in a medical malpractice lawsuit against Broward General Medical Center. The lawsuit accused the medical center of causing irreversible brain damage to eight year old Darian Brown, son of Denise and David Brown by breaching the standard of care during the child’s delivery.

Darian is significantly impaired and the verdict will permit the family to afford a van with a wheelchair lift and help provide round-the-clock care. Prior to the verdict (it was not reported whether the verdict will be appealed, whether a judgment will enter, or whether the case will settle), David worked nights at American Express while Denise worked days as a J.C. Penney manager. The couple has three other young children.

Darian cannot walk, make decisions or feed himself and, it appears, will need lifetime assistance. The verdict will, hopefully, go a long way in providing desperately needed assistance.

It appears that the Brown family was unaware that legal funding was available to provide interim care for Darian during the pendency of this litigation. While Darian lacks the necessary competancy to enter into a contract, those amounts that are awarded to the parents to assist in his care could be the subject of a lawsuit funding agreement between a legal finance company and the parents. Those amounts going to Darian, personally, or in trust for him, could not, because of the capacity issues.

The article does not mention how long the lawsuit has been pending, but Darian is now 8 years old. If we assume that the lawsuit was filed within a year of his birth, his parents have been working around the clock for seven years or more to provide him with necessary care. Had they engaged a legal finance company and the company was willing to invest in the case, litigation funding could have helped pay for extra care and made life easier for Darian and his parents. The money provided would be strictly non-recourse or contingent upon case recovery; thus, had Darian and his parents lost the case, the lawsuit finance company would have provided its services to Darian and his family for free. This is the profound risk that legal funding companies take every day in every case they fund.

Lawsuit Financial is such a risk-taking company. We provide funding in Birth Trauma, Medical Malpractice cases and we have unique trial lawyer expertise in evaluating and funding such cases. We also provide funding for Auto Accident Cases, Premises Liability Cases, Dog Bite Cases, Airplane Crash Cases and many other personal injury cases. Please call us toll free, at 1-877-377-SUIT (7848) for a free analysis of your personal injury case funding situation. Or, visit us on the web at