$12 Million Settlement of Neonatal Malpractice Case

Attorneys Daniel S. Weinstock, Andrew K. Mitnick, and Carolyn M. Chopko secured a $12 million settlement* on behalf of the family of a child with kernicterus and cerebral palsy, resulting from the negligence of several pediatricians and neonatologists during the child’s first week of life. The case was settled during the fourth day of trial in a Miami, FL courtroom. At defendants’ insistence, the names of the parties are being kept confidential.

While the child was born completely healthy, it was discovered during litigation that he had a relatively common abnormality called “G6PD deficiency,” which left him at a high risk of developing severe jaundice and hyperbilirubinemia. The child’s bilirubin level was normal when he was discharged from the hospital where he had been born two days earlier, but on Day 5 of life he became severely jaundiced and his bilirubin level was measured at that time to be an alarmingly high 32.2. Emergency exchange blood transfusion was performed, but not until a delay of more than 12 hours had occurred. During trial, overwhelming evidence of medical malpractice was presented through the defendants’ own witnesses, presented by attorney Weinstock during plaintiffs’ case in chief.

Most importantly, although the child’s brain damage and cerebral palsy are quite severe, this settlement will assure the child’s lifelong medical care needs will be satisfied.

*Attorneys Weinstock, Mitnick, and Chopko handled this case on a pro hac vice basis, which is when lawyers not licensed in a particular state associate with a lawyer who is licensed in that state and obtain the court’s permission to jointly represent a client in a specific matter.