Health Law

New Jersey Cerebral Palsy Verdict

No question.  This is a large verdict and it is no wonder that the the defense has said publicly that they will seek a new trial. That is standard.  Take a look at the facts laid out in this quote.  This (in my opinion) is a pretty typical medical malpractice case involving a delay in diagnosing the problem.

After a trial that began Feb. 11, the jury in Freehold deliberated two days before finding Aravind Palav, an obstetrician, negligent and awarding the boy $19.25 million on Monday afternoon.

According to Drazin, Palav initially misdiagnosed Kowalski, who was 30 weeks pregnant at the time, after she called him the evening of Sept. 11, 1997, complaining of abdominal pain.

Palav delayed in determining she was hemorrhaging and had lost a massive amount of blood, the lawyer charged. Kowalski was 40 at the time.

Palav also failed give to Kowalski the tests she needed, did not recognize the baby might be in "fetal distress" and ignored the warnings of a nurse who pinpointed the woman's problem, Drazine said.

Brandon, delivered by C-section at Riverview Medical Center in Red Bank, had to be resuscitated and spent four months in intensive care, Drazin said. He suffers from severe brain damage, cerebral palsy and is legally blind.

Source:  NJ.com Jury awards disabled boy $19 Million

Full post as published by Cerebral Palsy Law Blog on March 30, 2008 (boomark / email).