Brooklyn Jury Awards $5M To Autistic Child--Failure To Prevent Pre-Term Labor Causing Premature Birth

On February 2, 2017, a Brooklyn jury found that an obstetrician, Dr. Rubin Frenkel failed to diagnose and prevent pre-term labor in a woman who was 25 weeks pregnant. Her baby's birth weight was 1.5 pounds. At the time of trial the child was 9 years old. The mother claimed that that low birth weight and prematurity was a substantial cause of her child's autism.

The defense filed a pre-trial motion to prohibit the mother's expert neurologist  from testifying to the jury that there was any causal relationship between low birth weight/prematurity and autism. Justice Marshall Steinhardt, a well respected jurist who routinely handles medical malpractice trials, ruled that the plaintiff's theory was not junk science. "Rather, it is based on at least 10 to 15 well planned and scientifically executed research studies, conducted within the current century." A jury agreed that the doctor failed to prevent the pre-mature labor and that the delay was a substantial cause of the autism.

The $5,000,000 award included $2,250,000 for the child's pain and suffering (both past and for the rest of his life) and the balance was allocated for future lost wages and the costs of various therapies and custodial care.

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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