On October 31, 2017 a Brooklyn jury resolved a month long medical malpractice case by awarding $26,000,000 to a family arising out of the preterm delivery of twins, one of whom died shortly after birth. The mother started showing signs of preterm labor just over 5 months into her pregnancy. There were visits to the ER with complaints of cramping and other symptoms but the mother was sent home without proper instructions.. A sonogram performed weeks before delivery revealed that the mother's cervix had shortened from 3 centimeters to one. The claim was that there were measures that could have been taken to forestall a preterm delivery with bedrest and tocolytics, but instead these safety protocols were carelessly overlooked.
One twin died 28 days after birth and the other suffered hearing loss and vocal cord paralysis. The jury awarded $500,000 for the wrongful death of one twin and for the surviving twin: $4,000,000 for past pain and suffering; $20,000,000 for future pain and suffering; and, $1,600,000 for future loss of earnings. There will be no appeal as the parties entered into an undisclosed high-low settlement agreement prior to verdict.