September 28, 2010

Gerald Toner successfully defended a serious brain-injured baby case for our obstetrician client.  Other defendants included a neonatologist and the hospital.  The case involved a vasa previa and the rapidity of its treatment. Plaintiffs’ counsel had sought over $40 million in damages, and the case proceeded for four and a half weeks in the Jefferson Circuit Court.  Plaintiffs contended that one of the vasa previa vessels ruptured not at home, 45 minutes before the plaintiffs arrived at the hospital, but during the hour and 15 minutes when they were in the hospital prior to the performance of a cesarean section.  The jury returned a unanimous verdict for all defendants after approximately one hour of deliberations.