by Rob Varnon
Connecticut Post
May 25, 2011
A Waterbury jury has awarded a Norwalk child and his parents $58 million in a malpractice suit against a Stamford surgeon and his practice.
The case, filed in January of 2005, is the biggest single malpractice judgment in state history, according to Koskoff, Koskoff and Bieder, the Bridgeport legal firm representing Daniel Jacob D'Attilo and his parents, Cathy and Dominic D'Attilo.
The parents, whose child was born with severe injuries, said it was a day of relief for them on what has been a "rough, rough road."
A jury of six men returned the verdict against Dr. Richard Viscarello and Stamford-based Maternal-Fetal Care P.C. A call to MFC was not returned Wednesday, but the Associated Press reported that the doctor's attorney, James Rosenblum, called the verdict a miscarriage of justice that runs contrary to the evidence in the case.
Stamford Hospital, originally named in the suit, was later dropped.
Attorney Kathleen Nastri said she expects the decision to be upheld by the appellate court, but she could not say how long it would be until the D'Attilos see any of the money.
"That's my angel," Cathy D'Attilo told reporters as they looked at a photo of the 8-year-old. Dominic D'Attilo looked heavenward as his lawyers described what happened to their son, who has cerebral palsy.
The lawsuit was filed in 2005 after Daniel Jacob D'Attilo's birth on Feb. 2, 2003.
Dominic and Cathy D'Attilo had gone through difficulties to become pregnant and were under the care of Stamford-based MFC. On Jan. 31, 2003, Cathy's amniotic fluid dropped by half, but a cesarean section procedure was not conducted until Feb. 2, according to her attorneys.
Attorney James D. Horwitz, also a Koskoff lawyer, said the surgeon made abnormal decisions and ultimately the series of decisions deprived the baby of oxygen and caused cerebral palsy.
The result has left Daniel wracked with seizures, unable to speak, unable to crawl, unable to sit up, stand or reach the typical milestones parents and children often get to enjoy.
Cathy and Dominic say they've learned a lot from their son.
"We love him so much," said Dominic D'Attilo, describing how his son is smart and tries hard at everything, though right now his body is like a prison to him.
The parents plan to use the money for Daniel's ongoing need for physical and communications therapy and for wheelchairs. They will also use it to pay the more than $500,000 in medical expenses they've incurred since his birth and to possibly keep their home in Norwalk.
While they've been fighting the legal battle, the family also fell on hard times. Dominic is a mason and contractor whose business has suffered in the downturn. In 2009, Wells Fargo Bank filed a foreclosure action against the family.
"It will help us not go into the street," he said of the judgment.
Ultimately, the couple, who met 14 years ago in Bobby Valentine's former bar in Norwalk, say they remain dedicated to each other and to their son, and that they will fight for him "until death do us part."
Case Results
Koskoff Attorneys Sean McElligott and Josh Koskoff Win $6.5 million Verdict Against Danbury Hospital
A jury Thursday found Danbury Hospital negligent in the 2006 death of a Newtown furniture mover...
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Koskoff Attorney Antonio Ponvert Wins $41.7 million Verdict for his Client
Conn. student disabled on school trip wins $41.7M...
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KK&B Attorneys Win Largest Medical Malpractice Verdict in CT
A Norwalk couple was awarded $58.6 million Wednesday, a record for a single incident of medical malpractice in Connecticut, in a case involving an obstetrician accused of waiting too long to perform a cesarean section and a boy who has cerebral palsy...
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In the News
Koskoff Lawyers Handling Part of Michael Jackson Family Lawsuit
Koskoff Attorney Sean McElligott interviewed about $6.5 million verdict against Danbury Hospital
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A mother feels outrage Parent objects to girl's death being used to explain theft
Koskoff, Koskoff & Bieder ranked Tier One in the US News & World Report
U.S. News Media Group and Best Lawyers® has listed the Connecticut-based law firm of Koskoff, Koskoff & Bieder as “tier one” in its 2011-2012 “Best Law Firms” rankings.
Community Involvement
Firm Sponsors Reel Law film series
Koskoff, Koskoff & Bieder is pleased to sponsor the Reel Law film series at The Bijou Theatre in downtown Bridgeport. The next film is The Verdict on Thursday, May 9. Click
here for more information and to view the full schedule of movies and dates, or visit us on
Facebook.
Koskoff Attorney Richard Bieder speaks to Rotary Club about 9-11 and Trial Lawyers Care
Vin Simko introduced Attorney Richard Bieder, of Koskoff, Koskoff and Bieder, a firm nationally known for representing individual and class action cases resulting from mass disasters, consumer rights, personal injuries, commercial fraud and misrepresentation and other matters.
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Firm Donates $100,000 to Hospital
Attorney Chris Bernard of
Koskoff, Koskoff & Bieder said his firm has donated $100,000 to Connecticut Children's Medical Center in Hartford. The funds have covered the cost of specialized medical equipment...
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