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Cerebral palsy birth injury suit results in $58.6 million verdict

A few weeks ago, my partner, Kathleen Nastri and I concluded a case involving cerebral palsy from a birth injury where the jury returned a verdict of more than $58 million. This is the largest medical malpractice verdict in Connecticut history.

The family had contacted Koskoff, Koskoff and Bieder to investigate the cause of their son's cerebral palsy and to determine whether steps could have been taken in order to prevent the cerebral palsy from having occurred. What we found was that Danny's cerebral palsy was due to the doctor's failure to perform a C-section when there had been a significant drop in the amniotic fluid level. We also found that on the day that the baby was born, the doctor improperly performed the C-section. As a result of the delay in performing the C-section and the failure to properly perform the C-section, Danny suffered multiple birth injuries including cerebral palsy.

We tried the case to a jury who awarded $8.6 for future medical expenses related to his cerebral palsy. The other $50 million was awarded for Danny's pain, suffering and the loss of enjoyment of life's activities.

The tragedy here was that the profound cerebral palsy from which Danny suffers was preventable. Both an earlier C-section and a properly performed C-section would have prevented Danny's cerebral palsy.

If your child has a birth injury like cerebral palsy, my partners and I would be happy to answer your questions about birth injury lawsuits.