February, 2023

James Grohmann and Morgan Blind successfully defended a Louisville developmental behavioral pediatrician against claims for medical malpractice in Jefferson Circuit Court. Plaintiffs alleged that defendant negligently prescribed second generation antipsychotics to their son which led to his development of tardive dystonia, blepharospasms, and an irregular sleep-wake rhythm disorder. Grohmann and Blind argued that the medications were indicated due to the escalation of aggressive behaviors reported by plaintiffs, and the development of new movement disorders with these types of medications are rare, but recognized, complications which were discussed with the plaintiffs. The defense also argued that the plaintiffs’ son had a long history of sleep issues prior to the medications and any current sleep issues were due to his underlying medical conditions and the failure of the plaintiffs to enforce good sleep hygiene. At the end of trial, plaintiffs asked the jury to return a verdict in the amount of $1,005,000. The jury agreed with Grohmann and Blind and rendered a unanimous verdict in favor of the defendant.

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