Appellate Court Reduces $25 million dollar verdict by $2 million for Brain Damaged Baby

On August 17, 2016 an Appellate Court covering Kings County decided to uphold a jury verdict in favor of an incapacitated child who suffered a severe form of jaundice known as hyperbilirubinemia which caused damage to the infant's brain and cerebral palsy. The jury determined that a hospital pediatrician discharged the baby less than 2 days after he was born without testing bilirubin levels and despite: the mother having observed and reported yellowness in the infant's eyes to the attending pediatrician within 24 hours; and, the mother's plea not to discharge her baby from the hospital before he was seen by a physician. The jury agreed this an was avoidable needless tragedy with life long consequences requiring extraordinary medical care and financial support for the rest of the child's life. 

The Brooklyn jury awarded $24,813,260 to the child which included $4 million for past pain and suffering and $7 million for future pain and suffering in addition to lost wages and medical expenses. The Appellate Court refused to overturn the verdict and found that the verdict was not contrary to the weight of the evidence. However, it gave the plaintiff a choice: either agree to accept a reduction of $2 million off the $4 million awarded for past pain and suffering ($23 million v $25 million) or it would reject the entire damages award and require a retrial on the issue of damages only

See also--Medical Malpractice

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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