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New York Area Hospital Loses $4 Million Verdict


What: The New York medical malpractice firm Fitzgerald & Fitzgerald announced that they have won a jury verdict in the amount of more than $4.1 million on behalf of an infant who was allegedly permanently injured because of the negligence of the defendant named in the case, Kings County Hospital. The lawsuit was filed after the infant plaintiff was diagnosed with cerebral palsy and spastic diplegia, and the lawsuit documents alleged that a failure by the defendant hospital to perform a Caesarian section birth in a timely manner was what led to these permanent diagnoses and that the infant will suffer from permanent limitations on his earning capacity and that he will require either in-home care or care at a facility for the balance of his life.

Why: On the one hand, it is still amazing to see verdicts in this amount, which fuel the debate over tort reform. On the other hand, if in fact the injuries were truly as a result of the negligence of the physicians at that hospital, one wonders if that amount – after the attorneys collect their 35-40% contingency fee – is nearly enough to take care of that child for the rest of his life.

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