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Cerebral Palsy Birth Injury Malpractice Suit Ends in $58 Million Verdict

Eight years ago Daniel D’Attilo was born after a delayed delivery.  The result of the birth injury was brain damage, which led to Daniel being diagnosed with a severe case of cerebral palsy.  He will never be able to speak, eat or walk, and he suffers from seizures.

Daniel’s parents filed a case in 2005 asserting that Cathy D’Attillo’s amniotic fluid had dropped by half, three days before her son was delivered.  Her doctor had this knowledge and chose to wait to perform a Caesarian section.  There is also an assertion that the C-section was poorly performed.

This May, after waiting six years, the D’Attilo family finally received the verdict, which awarded the family $58 million.  It is the largest medical malpractice monetary award in Connecticut’s history.

Out of the $58 million a jury awarded to this disabled boy, $8 million will go toward Daniel’s medical care.  Due to his severe condition, Daniel will need full-time care for his entire life.  The other portion of $50 million is for pain and suffering.

From the perspective of a medical malpractice attorney in Chicago this verdict is unique for its shear size– but also in the way the jury allocated damages.  Unlike most birth injury cases where a child’s future medical care needs commonly account for the majority of the award, in this case the jury was obviously moved by the intangible impacts of the child’s injuries.

Regardless of the allocation of damages, these funds will surely go a long way towards improving the life of this child.

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