Medical Malpractice Case Nets $58 Million Verdict

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Three years after the same case resulted in a hung jury, a second Waterbury jury returned a $58 million verdict against a local gynecologist ...

Trial lawyers ... convinced the jury that the doctor had breached the standard of care by not starting a caesarian section delivery in time.

... the mother was in her 39th week of pregnancy. According to the defense, the standard of care was to not deliver a baby before 40 weeks of gestation ...

... the case was the highest medical malpractice verdict in Connecticut history.

... “It was a complete runaway verdict, unsupported by the evidence. It’s not only uncollectable; it’s unsupportable.”

... The couple used in vitro fertilization to have their first and only child ... When the mother visited the doctor for her checkup ... her level of amniotic fluid was at half the normal level. “Our expert said that is an indication there is something wrong with the baby, and it has to be delivered that day, by caesarian section,” ... Delivery, however, was delayed.

... “Our expert said that with that kind of drop in the fluid, you have to deliver this baby.”

Two days later the mother went into labor. By the time they got her down to the operating room, the baby appeared to be stuck in breach birth ...

For the next three or four minutes, they struggled to get the baby out. When he was born, his only sign of life was a heartbeat. ... They resuscitated him, but he developed cerebral palsy,” ...

The child needs extensive home care ...