During a two-week trial, Gerry Toner and Noel Halpin successfully defended a neonatologist against claims of medical malpractice in Jefferson Circuit Court. Plaintiff was born extremely premature at 27 weeks in December 1999 with a multitude of life-threatening complications. She spent the first six months of her life in the NICU and underwent multiple surgeries. In April 2000, following a fourth emergency life-saving surgery, Plaintiff’s condition deteriorated such that placement of an arterial line was required to closely monitor her critically ill condition. A rare ischemic complication occurred which, despite prompt attention, likely caused damage to a growth plate in the Plaintiff’s forearm in the years that followed. Plaintiff filed suit at age 18 and alleged negligence in the neonatologist’s decision to place the arterial line. Plaintiff also alleged that a hospital-employed nurse was negligent in the use of the arterial line which precipitated the ischemic event. The hospital and Plaintiff reached a resolution before trial. Gerry and Noel established that the arterial line was necessary to save the baby’s life and that the neonatologist had over 15 years’ experience in the NICU and was highly experienced in the placement of arterial lines in critically ill infants. The ischemic event was a known but rare complication, and it was quicky identified and addressed. It was not known if the baby had a pre-disposition that played a role in this complication. The Plaintiff asked the jury to award $9 million in damages. After deliberating for an hour, the jury returned a verdict in favor of the neonatologist, finding that he did not breach the standard of care. The Plaintiff was awarded nothing.