October 18, 2002
A week-old infant was presented to a Louisville neonatology specialist, where he was diagnosed with a systolic heart murmur, and referred to a pediatric cardiologist the following week. Just a few days later, however, the child died of multiple heart defects. The infant’s estate alleged negligence by the physician in not taking appropriate action for the heart murmur. Donald Brown successfully defended the doctor, arguing that (1) regardless of the care received, the heart defect was likely fatal and (2) the standard of care was properly maintained because the physician referred the infant to the pediatric cardiologist even when the infant had no signs of serious defects. The Jefferson County jury returned a defense verdict for the doctor.