(Last Updated On: )

In April of 2021, attorneys Jeffrey Milman and Benjamin Ikuta of Hodes Milman settled a birth injury case against a hospital and OBGYN for $5,700,000. The birth injury settlement was obtained in connection with an infant who received brain damage after improper monitoring by the OBGYN and hospital staff prior to birth.

In this case, hospital nurses violated their own hospital policy in administering Pitocin to promote labor despite clear contraindications. The nurses then failed to notify the attending OBGYN of strips clearly showing fetal distress for well over an hour.

When the child was born, the OBGYN was shocked and dismayed to deliver a moribund, unresponsive child. The infant suffered from severe brain damage as a result of lack of oxygen. The hospital paid $4,000,000 and the OBGYN and her group paid $1,700,000.

The Importance of Standards in the Medical Industry

Medical malpractice occurs when a medical professional or worker violates their duty of care that they owe to a patient. In order to be considered medical malpractice, this violation of duty must be the direct cause of the patient’s injury, and such injuries must be measurable or calculable.

The carefully constructed standards of care in the medical industry are extremely important. They are intended to protect patients from unnecessary and needless injury while they receive the medical treatment they require.

When medical professionals disregard the duty of care owed to a patient, the results can be disastrous, as illustrated in the birth injury case above. While money can never undo the effects of such horrendous errors, a financial settlement can help the families shoulder the immense expenses and losses caused by such negligence. Legal action can also bring other violations to light and help expose areas where patients may be at risk.

About Jeffrey A. Milman

Jeffrey A. Milman is a founding and managing partner of Hodes Milman . As a seasoned medical products, mass torts, and personal injury trial lawyer, he serves clients nationally as well as throughout California.

Jeff is the law firm’s resident authority on medical malpractice litigation against the U.S. Department of Veterans Affairs under the Federal Tort Claims Act. He is an expert trial litigator with extensive courtroom experience in medical and professional negligence cases as well as product liability with an emphasis on medical devices.

Jeff has successfully litigated hundreds of cases that were resolved either by jury verdict, arbitration award or settlement. He has won many large financial verdicts, including, at the time, record-setting verdicts in Orange County history.

About Attorney Benjamin T. Ikuta

Benjamin T. Ikuta joined Hodes Milman in November of 2016 and has been licensed in California since 2008. He was made a partner in 2021 and focuses on cases involving medical malpractice, nursing home negligence, elder abuse, personal injury, and product liability.

Ben routinely litigates complex medical malpractice actions, typically involving serious injury or death. Specifically, Ben has successfully litigated a number of birth injury cases, including cases that resulted in neonatal hypoxic-ischemic encephalopathy, acidosis/acidemia, Erb’s palsy, and/or death.

Before working with the firm, Ben worked as a defense attorney, securing judgements in favor of healthcare providers. He now uses this knowledge and experience to represent plaintiffs more effectively, and obtain the best possible case results.

Schedule a Consultation with a Birth Injury Attorney

Medical malpractice cases can be complex and may involve serious injury and losses to the patient and their loved ones. This is especially true of birth injury lawsuits, where the damage can affect the infant’s entire life and future potential ahead of them.

Such cases require the assistance of a law firm that not only understands malpractice laws, but has also had actual, practical success in obtaining real results and outcomes for the victim and their families. If you or a loved one have been impacted by a birth injury due to another’s negligence, contact us at (949) 640-8222 to schedule a free, no-obligation consultation. All communications are held in the strictest of confidentiality. We are here to guide you and your family to the most effective solutions available under the law.




HMI team

When you work with us, you’ll see the difference. A lot of firms are quick to show you numbers, and it is absolutely true that your lawyer should have experience and a strong track record in the area that you require. However, we’ll take it one step further. We also believe that your attorney should put your needs, cares and desires first. Because you deserve more than just compensation for your losses - you deserve a true advocate.

HMI team