Connecticut Cerebral Palsy Malpractice Suit Results in $58M Jury Award

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A Connecticut jury has awarded $58 million to the family of a boy with cerebral palsy, who filed a birth injury lawsuit against a doctor who allegedly waited too long to perform a cesarean section. 

The Connecticut malpractice suit was brought by Dominic and Cathy D’Attilo against Dr. Richard Viscarello and Maternal-Fetal Care. According to allegations raised in the complaint, the couple’s son, Daniel, suffered severe brain injuries during his birth in February 2003, which resulted in cerebral palsy.

Daniel, who is now 8 years old, cannot walk, talk, feed himself. stand, or even sit up, and suffers from seizures, the family says. They say that his injuries resulted from a botched delivery, during which Viscarello failed to have the proper medical staff on hand. They also say Viscarello did not properly determine how Jacob was positioned before conducting the cesarean and failed to warn the family of the risks.

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The jury awarded $58 million in damages to the family, which is believed to be the largest award in Connecticut history for a malpractice suit.

Cerebral palsy can be caused by a brain injury that occurs before, during or shortly after birth. If the brain of a baby is deprived of oxygen, it can result in irreversible damage that leaves the child with developmental problems, loss of motor functions and other life-long injuries and disabilities associated with cerebral palsy.

Although cerebral palsy can occur without a medical mistake, when the exercise of the proper standards of medical care could have prevented the child’s brain from being deprived of oxygen, medical malpractice lawsuits over cerebral palsy are often filed to obtain compensation for the child.

Tags: Birth Injury, Brain Injury, Cerebral Palsy, Connecticut, Medical Malpractice, Medical Mistake
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4 Comments

Ethalle
i agree with your verdict i only wish it were more , i am dealing with a child with spastic cp whose mother died from complications from birth 5 days later, he wwwwwwas 28 wks, weighed 1lb 12 oz, and was born per c-section with 2 sets of forceps used on his head and was pronounced still bon at birth,and layed over 3 hours on a table to be sent to the morgue when a nurse came on duty and though he saw a sheet move and walked over and uncovered the baby and did a sternum punture in the baby chest and he gasped and the was sent to nuicc and placedon oxygen he was borned at 6:45am and placed on O2 at 10:45am he can not walk ,talk, eat, or doanything for himself,now they are tryig to say he had a stroke at birth, iam now his legal guardian and is checking to see what happendd to this baby since he has no mother, ppray for us , since they claim his stature has ran.
tami
Dr. Viscarello is one of the most amazing doctors I know. I would only have a child delivered by him and his practice.
Stwart
Very positive that they can recoup this family by the negligence of the doctor, really it is justice to a family that just wanted to have a child without worries.
KMydean
This family surely deserve to win that Law suit. Medical malpractices are very common now a days becauuse of inadequate or improperly trained staff for emergency. Let this be a guidance to the hospitals and the doctors across the nation.

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