Connecticut Jury Awards Record-Breaking $58 Million In Medical Malpractice Action
July, 2011
On May 25, 2011, a Connecticut jury awarded $58 million to the parents of Daniel D'Attilo, an eight year-old boy who suffers from cerebral palsy due to brain damage allegedly sustained as a result of a delayed and improper delivery. Daniel's mother, Cathy D'Attilo, had been treated throughout her pregnancy by Dr. Richard Viscarello, an OBGYN specializing in complicated deliveries. Plaintiffs' attorney presented expert testimony that, during the 39th week of her pregnancy, Cathy's amniotic fluid dropped to half the normal volume, creating an urgent condition that required an immediate cesarean section. Dr. Viscarello did not perform a cesarean section at that time and sent Cathy home, which the defense alleged was within the standard of care. Cathy went into labor two days later, which further exacerbated complications resulting from the unusual shape of her uterus and position of the baby. Plaintiffs alleged that Dr. Viscarello then committed further acts of negligence by making improper cesarean incisions and otherwise failing to adhere to the standard of care during delivery. The defense countered with expert testimony tending to show that Dr. Viscarello's actions were proper and that Daniel's brain damage was caused by fetal inflammatory response syndrome -- a condition in which the infant's immune system is triggered to attack a disease, which can result in brain damage.
The $58 million verdict is the largest medical malpractice award in Connecticut history and consists of $8 million for past and expected future medical expenses and $50 million for pain and suffering. Additionally, the plaintiffs made an offer of judgment in 2005 for less than the verdict amount, potentially adding $30 million in interest to the already record breaking award. Awards of this magnitude have been on the rise in recent years, with Florida and Minnesota juries rendering medical malpractice verdicts of $23 million and $36 million in 2010. Accordingly, physicians and insurers must be mindful of the potential for such awards when considering the extent of prospective exposure and the structure of their risk management plans.
Back to CM Report of Recent Decisions (2011v2) 2011 Volume 2 Table of Contents
