Page 12 - Verdicts and Settlements Hall of Fame: Medical Malpractice

MEDICAL MALPRACTICE
VERDICT & SETTLEMENTS
HALL OF FAME

#7

Case:
Swanson v. Northern Westchester

Hospital Center

Attorney: Christopher B. Meagher

Firm: Meagher & Meagher, PC

Date:
12/10/2009

Verdict: $60,939,847

By Len Maniace

The family of an infant who was disabled during birth was awarded
$60.9 million in damages by a state Supreme Court jury in Westchester.

The Oct. 10, 2003 birth of Michael Swanson was marred by a
shoulder dystocia, a condition in which one of baby’s shoulders is
blocked by the mother’s pubic bone. It occurs in about 1 percent

of vaginal births

Dr. Carla Eng-Kohn delivered the baby at Northern Westchester

Hospital in Mount Kisco. Doctors later determined that Michael
suffered brain damage, which his parents, Bruce and Mary Swan- The defense’s expert neurologist said excessive force would have
son, claimed occurred when Eng-Kohn did not resolve the dystocia done more damage to Michael’s brachial plexus.
quickly enough.

What’s more, Eng-Kohn contended that a nurse initiated the push-
Their attorney, Christopher B. Meagher, argued at trial that Eng- ing process before she arrived in the delivery room. She contended
Kohn used too much force in attempting to free the baby’s shoul- that the pushing was promptly suspended when the dystocia was

ders by pulling him
found. The nurse said she had Eng-Kohn’s
from the birth canal,
authorization to begin the process.
THE FAMILY OF AN INFANT WHO WAS DISABLED a process known as

Meagher said Michael’s injuries include traction. That dam-
DURING BIRTH WAS AWARDED $60.9 MILLION moderate development delays in his speech aged Michael’s bra-
and ability to swallow, requiring physical, occu- chial plexus, a net-
IN DAMAGES BY A STATE SUPREME COURT JURY
pational and speech therapy. He also suffered work of nerves that
residual aspiration pneumonia, which could runs from the neck
IN WESTCHESTER.
require surgery and possibly permanent resi- into the upper arm,

dential care. Meagher said Michael’s injuries Meagher said.
would impair his career.
In addition, an expert witness for the family testiied that eight or

nine minutes passed before the dystocia was relieved, long enough Michael’s parents
sought recovery of Michael’s past medical
to deprive Michael of oxygen and cause brain damage. Meagher expenses, the cost of future rehabilitative therapy, custodial care,
further claimed that Michael was not crying when he was delivered future medical expenses, lost earnings, and damages for his past

and that the newborn’s face was bluish.
and future pain and suffering.

Another expert witness for the family said Eng-Kohn failed to use The jury found Eng-Kohn and hospital staff had departed from an

generally accepted techniques that would have allowed quicker accepted standard of medical care. Eng-Kohn and Women’s Medical
resolution of the dystocia.
Associates were assigned 75-percent liability; Northern Westchester
Hospital was assigned 25-percent liability.

Eng-Kohn contended the dystocia was resolved in approximately
two minutes, using two generally accepted techniques. Eng-Kohn The hospital was reported to be appealing the verdict, according
further said she used only minimal force in the traction process.
to press accounts.

10 November 2014