Record Medical Malpractice Award for Birth Injury

A record-breaking $58.6 million was recently awarded to the family of an eight-year-old boy who suffered severe brain damage during birth because of a negligent doctor at Stamford Hospital.


The award is the highest ever paid for a single cause of medical malpractice in the state of Connecticut. According to The Hartford Courant’s, the doctor waited too long to perform a Cesarean section, causing the boy’s condition. The boy now suffers from cerebral palsy and permanent brain damage. He cannot walk, eat or talk. He uses a wheelchair, has to eat through a tube and is incontinent.

Family Struggles to Conceive Only to Suffer Birth Injury

The D’Attilo family struggled to have a child. While her husband Domenic had a daughter from a previous marriage, Cathy D’Atillo desperately wanted a child. Cathy underwent in-vitro fertilization to conceive her son Daniel. The couple was overjoyed to finally be pregnant after six years of trying. On February 2, 2003, the family was at Stamford Hospital, anxiously awaiting their son’s arrival into the world.

Sadly, D’Attilo’s labor ran into complications. Daniel was born blue at birth, limp and not breathing. The newborn was on a ventilator almost immediately after delivery and experienced repeated seizures. The family knew right away that something had gone terribly wrong.

The family maintains that the attending doctor did not follow proper procedures when the birth became difficult. He should have made an incision in the upper uterus to relieve pressure, and he should have decided to order a Cesarean section more quickly. His delays caused permanent damage to the newborn. The child was starved of oxygen while waiting for the doctor to act.

The lack of oxygen, or hypoxia, can be a great risk factor in delivery, often leading to cerebral palsy. For this reason, there are strict processes and protocols doctors must follow. Unfortunately, the poor judgment of the obstetrician in this case has devastated a family, resulting in permanent disability for Daniel D’Attilo.

Record Award Compensates Family for Child’s Injury

Although the family also named Stamford Hospital in the suit, no wrongdoing was found on the part of the hospital. Blame for the injuries was placed only on the doctor’s poor judgment during Daniel’s birth. The jury favored the family and awarded $8.6 million to cover the child’s medical treatment and lifetime loss of earnings. The large verdict came at the jury’s discretion, intended to compensate the family for pain and suffering. The family may also receive interest, which could add up to millions more.

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If your child was injured during childbirth at the hands of a negligent doctor, contact our attorneys right away. Otherwise, the statute of limitations may expire, barring you from making a claim. Our experienced attorneys will work with you to ensure you are justly compensated for your loss. You may be entitled to receive compensation for past and future medical bills and expenses, lost wages and pain and suffering.

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