Health Law

Victory for Family of Cerebral Palsy Victim

In May 2002, Dan and Lori Perseke of Minnesota went to the Ortonville Hospital for the birth of their son, Wyatt.  Unfortunately, during and immediately following his birth, something went tragically wrong.  The Persekes allege that due to negligence by Dr. Allan Ross, his staff from his Northside Medical Clinic and the nurses at Ortonville hospital, Wyatt now suffers from cerebral palsy and permanent brain damage.

The lawsuit, which originally resulted in a hung jury, was recently retried in a new venue and this time the family was successful.  

During the trial, the jury heard testimony from a dozen doctors, split equally for the prosecution and the defense.  Dr. Ross, the nurses involved and the Persekes also took the stand to give testimony of the days tragic events.

In the end, the jury ruled that there was negligence, and attributed 70 percent to Dr. Ross and the remaining 30 percent to the hospital nurses.  The jury awarded $9,566,500 in damages, most of which will be placed in a trust for Wyatt’s future expenses.  The balance will go directly to the Persekes to cover Wyatt’s medical bills and other expenses until he turns 18.

Full post as published by Cerebral Palsy Law Blog on December 05, 2008 (boomark / email).