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

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.

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.