Poughkeepsie Jury Returns Complete Defense Verdict on Behalf of Hospital in a Brain Damaged Infant CaseBy: Ryan Perry
After an eight week jury trial, Jack Phelan obtained a defense verdict on behalf of a major Hudson Valley Hospital in a medical malpractice matter involving a brain damaged infant. The case involved a premature infant born during the 26th week of gestation. The infant was born with a respiratory condition and underwent 46 days of treatment in the hospital’s intensive care unit. Plaintiff’s experts claimed the infant could not have been appropriately treated at the defendant’s facility and required immediate transfer to a tertiary center. The infant now suffers from cerebral palsy and severe residual effects. Plaintiff’s counsel claimed that proper treatment would have lessened or prevented the effects of the infant’s palsy. Through the testimony of an expert neonatologist, Mr. Phelan was able to establish that the defendant hospital performed every appropriate method of treating the infant’s condition. Further Mr. Phelan was able to establish that the infant’s disabilities were an inevitable result of the premature birth, and that alternative treatment would not have lessened or prevented those disabilities.