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$58 Million Birth Injury Verdict

A Waterbury jury has returned an award of $58 million to the family of a child who developed cerebral palsy following a difficult delivery. The jury found the treating gynecologist, Richard Viscarello of Maternal-Fetal Care P.C., was negligent because he failed to perform a cesarean delivery in time. The medical malpractice verdict is believed to be the largest in the history of the Connecticut.

Dr. Viscarello had been treating Cathy D’Attillo since July 2002.  On Jan. 31, 2003, when she was in her 39th week of pregnancy, ultrasound tests revealed her amniotic fluid was half of the normal volume. It is not known whether D’Attillo was leaking fluid or just not producing enough.

Amniotic fluid keeps the baby cushioned while inside the womb, protecting it from trauma and keeping the umbilical cord from being compressed. An expert witness for the plaintiff said that the drop in fluid level required an urgent cesarean. Dr. Viscarello sent D’Attillo home, where less than two days later she went into labor.

In addition to starting the caesarean too late, the plaintiffs also claimed that the doctor made incisions in the wrong area, which complicated the procedure. The plaintiff’s attorneys, James Horwitz and Kathleen Nastri, claimed that it took three to four minutes to deliver the baby. The baby was born with a heartbeat, but wasn’t breathing. The jury found the doctor was negligent both for not operating after the ultrasound and also during the delivery two days later.

When doctors commit acts of negligence, medical malpractice lawsuits can offer compensation to the victims of these mistakes. Berkowitz and Hanna LLC has a long history of experience with medical malpractice.

For more information about medical malpractice lawsuits or to set up a free initial consultation with a medical malpractice attorney, contact Berkowitz and Hanna LLC today.

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