Queens Jury Finds OB/GYN Liable But Awards No Money For Brain Damaged Baby - New Damages Trial Ordered

In a recent decision an appellate court reversed Justice Kevin Kerrigan's Order to set aside a plaintiff's verdict in a brain damaged baby case. Because the jury reasonably found malpractice but unreasonably failed to award any monetary compensation to the child, the appellate court ordered that a new trial be held limited to damages. A Queens County jury agreed with plaintiff's experts who testified that obstetrician, John Wagner's departed from accepted medical standards for failing to arrange continuous external fetal monitoring of a mother 37 weeks pregnant who complained of a fall causing abdominal pain. Instead, Dr. Wagner sent the mother home. Two days later the baby was delivered by emergency cesarean section but suffered brain damage due to extreme anemia and low blood volume resulting in cerebral palsy. 

The jury also  agreed that the obstetrician's failure to arrange continuous fetal monitoring was a substantial factor in the child's inability to speak, walk and dependence on "round-the-clock nursing care". However, the jury did not award any money damages for pain and suffering, loss of enjoyment of life or future lost wages. Worse yet, the trial judge granted the defendant's motion to set aside the jury verdict against them and to award judgment to the defendant's as a matter of law. The appellate court explained: "the jury's failure to award any damages...deviates materially from reasonable compensation, in light of the evidence of the severe deficits suffered by the child...." Larkin v Wagner, 96 NYS 3d 664.

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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