Saturday, 15 of December of 2018

Family Of Girl With Cerebral Palsy Wins $130 Million Verdict Against Hospital

By Kevin Duffan, VA/NC Medical Malpractice Attorney

What Happened:

A major medical malpractice case in New York recently culminated with a $130 million jury award. The family from Long Island sued after they claimed their daughter’s delivery at a Long Island hospital resulted in her later developing cerebral palsy.

The jury that deliberated on the case found that the hospital, St. Charles Hospital and Rehabilitation Center, departed from accepted obstetrical practice in several important ways, ways that the jury found ultimately caused harm to the baby. These alterations from standard operating procedures resulted in a loss of oxygen to the young girl, Shannon Reilly.

Attorneys for the family now say that Shannon is unable to walk, speak, write or swallow without assistance from others. The girl required round-the-clock care for her serious injuries. The jury saw the severity of her injuries as justification for the massive award, one of the largest medical malpractice verdicts in New York history.

Despite the good news for the family, it was a very long road to this point. The case actually heated up in 2009 when the family’s attorney convinced them to reject an $8 million settlement offer from the hospital that was attempting to avoid going to trial. The family agreed and ended up losing the case. The loss was seen as so bad that the hospital’s attorneys mocked the failure in the press, laughing at them for turning down $8 million and then getting shut out of court.

Though it was difficult, the family and their attorney persevered and in 2011 the New York Appellate Court reversed the lower court decision, ordering a new trial. The second case ended in a hung jury and required a third trial, which began last month. Despite the years of struggling the fight appears to have been worth it.

The Virginia Injury Attorney’s Perspective:

Most children who have cerebral palsy have had it since birth, often due to a lack of oxygen to the brain. Sometimes this lack of oxygen is because of medical malpractice and delivery mistakes during labor or childbirth. In cases where medical malpractice has been linked to a child’s development of cerebral palsy, common causes include: the failure to properly detect or treat infections in the mother during pregnancy, the failure to properly monitor fetal heart rate before and during labor, the failure to plan for a cesarean section when a baby is too large to safely pass through the birth canal and negligence in using instruments like forceps in a delivery.

If you or a loved one has been the victim of a medical error or complication, you should consult with an experienced Virginia (VA) medical malpractice lawyer who has successfully handled similar med mal cases in the past. Our firm enjoys a reputation of experience and success while representing victims in medical malpractice cases against doctors, hospitals, and other health care providers. We approach each case individually to provide the resources, knowledge and experience to achieve success on behalf of our clients.

Potentially Helpful Info:

If you or a member of your family has been harmed by a Virginia (VA) doctor’s misdiagnosis, mistake or negligence, you can begin to learn about your legal rights and options for seeking compensation by downloading this free report.

Have Questions? Check Out Our Firm’s FAQs.

If you or a loved one has been injured at the hands of a medical professional, chances are you are confused about your options and may not know where to turn for help. To learn more about medical malpractice cases, check out this online library of Virginia (VA) attorneys’ answers to frequently asked questions regarding medical malpractice lawsuits.

Here’s a post discussing the importance of medical records in malpractice lawsuits:


About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis, Appleton & Favaloro include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Attorneys with our firm have been listed among the Best Lawyers in America since 2008. Attorneys with our personal injury law firm have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.