$16 Million Fraud and Medical Malpractice Verdict

A hard-fought two-week trial ends in vindication for a Birmingham couple.  Last night, a Jefferson County jury returned a verdict in the amount of $16 million for Caroline and J.T. Malatesta and against Brookwood Medical Center.  The Malatestas were represented by MRB attorneys David Marsh and Rip Andrews

In March 2012, Caroline wanted nothing more than a safe and uneventful natural childbirth experience.  After having three healthy children in the standard medicated way, Caroline was first drawn to natural childbirth by the ads Brookwood Medical Center ran on television, magazines and the internet.  Those Brookwood ads emphasized a mother’s choice, individual birthing plans, freedom of movement and even mentioned water births. Caroline met with her newly chosen doctor at Brookwood and asked lots of questions  before finally committing to a delivery at Brookwood.

The so-called natural childbirth experience at Brookwood turned out to be a nightmare for the Malatestas.  Caroline had no freedom of movement; instead, she was restrained, sometimes forcibly.  Caroline was offered no choice; it was the nurses’ way or no way.  Thankfully, Caroline delivered a healthy son but was left with painful and debilitating physical injuries she will have to endure the rest of her life.  These injuries leave her little ability to be the sort of mother or wife she was before all this happened.

Brookwood defended the case by both blaming Caroline and trying to prove her injuries didn’t occur during delivery.

According to Rip, the jury’s simple message was when hospitals advertise to potential patients, they must tell the whole truth and nothing but the truth.

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"They took a case that others would have stayed clear of.."
I have the utmost respect for Rip Andrews and the lawyers at MRB Law. They took a case that others would have stayed clear of because the issue of state immunity was involved. Through determination and unwavering commitment they were able to a find resolution to an extremely difficult matter.
Nancy Owen
"They took a case that others would have stayed clear of.."
I have the utmost respect for Rip Andrews and the lawyers at MRB Law. They took a case that others would have stayed clear of because the issue of state immunity was involved. Through determination and unwavering commitment they were able to a find resolution to an extremely difficult matter.
Nancy Owen
"They...brought justice to my family through a multi-million dollar verdict ."
These lawyers took a complicated issue, revealed the truth in a way 12 jurors unfamiliar with the topic could understand, and brought justice to my family through a multi-million dollar verdict. They were able to relate my “invisible” medical condition to the jury better than I can to my own friends. And because of that, the jury hugged me and cried with me when it was all over. That meant more to me than any amount of money.
Caroline Malatesta
"They...brought justice to my family through a multi-million dollar verdict."
These lawyers took a complicated issue, revealed the truth in a way 12 jurors unfamiliar with the topic could understand, and brought justice to my family through a multi-million dollar verdict. They were able to relate my “invisible” medical condition to the jury better than I can to my own friends. And because of that, the jury hugged me and cried with me when it was all over. That meant more to me than any amount of money.
Caroline Malatesta
"Our relationship began as strangers but ended in friendship thanks to the compassion he showed ."
I can’t adequately put into words the appreciation I have for Mr. Derrick Mills and MRB Law. He was assertive in his fight for justice for our family during our time of tragedy. Mr. Mills is knowledgeable, passionate and a great communicator. Our relationship began as strangers but ended in friendship thanks to the compassion he showed. Thank you Mr. Mills for being a dedicated professional! Justice done right!
Dana Owens
"Our relationship began as strangers but ended in friendship thanks to the compassion he showed."
I can’t adequately put into words the appreciation I have for Mr. Derrick Mills and MRB Law. He was assertive in his fight for justice for our family during our time of tragedy. Mr. Mills is knowledgeable, passionate and a great communicator. Our relationship began as strangers but ended in friendship thanks to the compassion he showed. Thank you Mr. Mills for being a dedicated professional! Justice done right!
Dana Owens
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