Page 7 - Verdicts and Settlements Hall of Fame: Medical Malpractice

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Case:
Shannon Reilly (Infant) v. Jerry G. Ninia M.D.,

Attorney: homas A. Moore and Judy A. Livingston

Firm: Kramer, Dillof, Livingston & Moore

Date: 4/16/2013

Verdict:
$130,000,000

By Phil Albinus

Shannon Elizabeth Reilly is a ighter -- and thankfully so is her

attorney Thomas A. Moore.

Shannon was born on November 1, 2002 and while her mother

was in labor in St. Charles Hospital, nurses noticed that the baby’s
heart had decelerated. Over the course of 50 minutes Shannon had
suffered “prolonged decelerations,” which are deined as decelera-

tion that last as long as 119 seconds. Dr. Ninia, an OBGYN who along
with Dr. Erhard, decided that the vaginal birth plans were not going
to work and opted for a Caesarian Section to deliver Shannon.

While the delivery was uneventful, the doctors noted that the The jury found for the plaintiff and awarded the family $130,000,000.
newborn was suffering seizures. The doctors later determined that (This verdict is being appealed and Moore said that that trial could
Shannon suffers from cerebral palsy and her parents contend that take place in early 2015.) Although Shannon’s brain damage and

it was due to the hypoxic events that were ignored leading up to cerebral palsy has left her with a near normal intelligence, she can-
her delivery. By failing to properly manage her birth, Shannon’s not walk or talk. She still suffers seizures and requires constant
parents contend that she suffered brain damage and debilitating assistance, said Moore.

injuries during her birth which will be with their daughter for the
rest of her life.
“On one level, it was wonder-
ful the intellect was spared in
“SHE LOOKS ON THE POSITIVE SIDE. HER
relation to the motor function of As an attorney for Shannon and
the brain but on the other hand her parents Dani Ann and Frank
it highlights the dificulties she Reilly, Moore represented the fam-
PARENTS ARE VERY POSITIVE AND SHE HAS

encountered because she is so ily not once but at three different
exquisitely aware of her deicits,” trials. In the irst trial the jury found
MADE WONDERFUL PROGRESS THOUGH SHE
said Moore. “She looks on the for the defense but in appeal, the
WILL ALWAYS BE WHEELCHAIR BOUND.”
positive side. Her parents are appellate division, Second Depart-
very positive and she has made ment, “reversed the jury’s inding
wonderful progress though she
that the hospital staff of St. Charles

Hospital did not depart from an accepted standard of medical care,” will always be wheelchair bound.”
according to information available on Verdicts.com. In a new trial,
the plaintiffs’ expert obstetrician testiied that a heart monitor had It was a long road for Moore and his clients but the verdict brought

revealed seven prolonged decelerations of the functioning of Shan- some relief to the horrible circumstances of Shannon’s birth. “It was
non’s heart, which may have been caused by the rupture of Danni a long, arduous road to travel, but as dificult as it was, it was far
Ann Reilly’s uterus. According to the trial notes, a nurse noted Shan- more dificult for my client and her family,” said Moore. “Parallel

non’s decelerations, but the irst six were not reported to Ninia, who to that I’d say it was equally thrilling to get justice for my clients
was absent during this time. Erhard was dismissed via summary and I felt vindicated personally for being through such an ordeal.”
judgement.

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