Low Speed Highway Accident Results In Premature Birth

In May 2009, a straightforward rear-end accident turned into near tragedy for an East Bay couple. Husband and wife were slowing for traffic on I-880 in Oakland when the driver of the car behind them sneezed, and in that moment, changed their lives. The couple ended up smashed between two cars; property damage was moderate, and the wife was taken to a nearby hospital as a precaution only because she was seven months pregnant. Once there, however, she deteriorated quickly with placental abruption and her premature baby was delivered by emergency c-section. All seemed well; the baby had Apgar scores of 9 and 9. When the time came to settle, the defendant’s insurance company offered the mother $15,000 and the baby $5,000 to settle the case, arguing that everyone was fine, and the baby would have been born in any event, so why should they have to pay for medical bills? The Dunnion attorney was aghast and filed a lawsuit. After reviewing the file material and extensive discussion with the Dunnion attorney, the defendant’s attorney agreed wholeheartedly with Dunnion and the parents settled their case for $90,000 to the mother and $20,000 to the father for the emotional distress he suffered with the worry over his wife’s and unborn child’s health and welfare. In the two years it took to bring the case to fruition, however, the baby has proved to be not as fortunate as it was first thought. She does not appear to be developing normally and so with the agreement of all parties, her case has been put on hold pending intensive medical evaluation as well as time to develop fully.