Page 13 - 2014_0430_TOPVERDICTS

2013

TOP VERDICTS NY

NUMBER THREE
POST TRIAL
Defense counsel moved to set aside the verdict. He also moved to
reduce the damages.

MEDICAL MALPRACTICE
INJURY
Nurse — Childbirth — Birth Injury — Brain Injuries — Cerebral Palsy — Delayed Treatment, TYPE(S)
brain damage, cerebral palsy, seizure disorder,
pulmonary/respiratory, hypoxia
Failure to Monitor — Failure to Communicate
PLAINTIFF
ATTORNEY(S)
Thomas A. Moore & Judy A. Livingston;
Nurse’s inaction led to infant’s brain damage, Kramer, Dillof, Livingston & Moore; New York, NY

suit alleged
PLAINTIFF
EXPERT(S)
Abba Cargan M.D.; Pediatric Neurology; Mountainside, NJ
Alan Leiken Ph.D.; Economics; East Setauket, NY
William Cusick M.D.; Obstetrics; Bridgeport, CT
AMOUNT
$130,000,000

DEFENDANT TYPE Verdict-Plaintiff
Nancy Roberts Fetal Medicine; Wynnewood, PA Reilly v. Ninia
EXPERT(S)
CASE
Arthur Rose Pediatric Neurology; Brooklyn, NY
VENUE Suffolk County Supreme Court
JUDGE
Jerry Garguilo
INSURER(S)
Medical Liability Mutual Insurance Co.
DATE
April 16, 2013
FACTS & ALLEGATIONS During the evening of Nov. 1, 2002, plaintiff Shannon Reilly
TRIAL was born. The delivery was performed by obstetrician Dr. Jerry Ninia, at St. Charles
LENGTH
11 days
Hospital, in Port Jefferson. Ninia was assisted by obstetrician Dr. Thomas Erhart.

Shannon’s delivery concluded a long process that had begun during the prior afternoon,
TRIAL when Ninia initiated the administration of Pitocin, which is a drug that induces labor.
DELIBERATION
0.5 day Shannon’s mother had undergone Caesarean delivery of her prior child, but Ninia tentatively
planned a vaginal delivery of Shannon. At about 8 p.m., a monitor revealed a deceleration
JURY VOTE 6-0 of the functioning of Shannon’s heart. During the ensuing 50 minutes, the monitor revealed
several “prolonged decelerations,” which are decelerations whose duration exceeds 119
DEMAND $16,000,000 (total, by all plaintiffs) seconds. A nurse also detected a rupture of Shannon’s mother’s uterus. At about 8:50 p.m.,

Ninia decided that a Caesarean delivery would be performed. The delivery was uneventful,
OFFER
None
but doctors quickly noted that Shannon was suffering seizures. Doctors later determined
that Shannon suffers cerebral palsy. Shannon’s parents claimed that the condition was a
JURY result of a hypoxic event that occurred during Shannon’s delivery.
COMPOSITION
3 Male / 3 Female
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