On November 21, 2023, MKCI Partner and trial counsel Steve Toner obtained a defense verdict in a multi-million dollar medical malpractice claim on behalf of two doctors and their practice Group in Westchester County, New York.
The case involved a premature baby who, at an adjusted age of 1 week old, developed RSV and acute severe hyponatremia (low sodium). She was treated at one hospital, then developed seizures and was taken by ambulance to another hospital where MKCI’s two Pediatric Intensivist clients treated her and stabilized her seizures. Plaintiffs alleged continued seizure disorders and significant developmental delays.
Trial included 9 weeks of testimony by experts in Pediatric Neurology, Neuroradiology, Radiology, Pediatrics, and Pediatric Intensive Care, the child’s parents, the defendant physicians, economists, life care experts, school administrators, genetic experts, treating physicians, and more.
In the course of the trial, some co-defendants settled out and the court dismissed two other defendants on motions to dismiss at the close of the plaintiff’s case. This left the two original treating doctors at the prior hospital, and MKCI’s two doctors as the only remaining defendants.
In their summations, Plaintiffs’ lawyers asked the jury for a total of $45M in damages. Steve made no settlement offers.
The jury deliberated for two days on the first two questions on liability and came back with a defense verdict for both the original treating doctors and a 6-0 defense verdict in favor of MKCI’s clients.
Achieving this win was truly a team effort by MKCI. Gillian Fisher was instrumental in the coordination of five defense counsel to make sure all were on the same page at trial and helped in the preparation of MKCI’s expert witnesses. Kate Spero and Lauren Palazzola provided great trial support. Chris Todd, Amelia Dweck, Dan Corde, Larry McGivney, and Pete Polchinski managed and controlled MKCI NYC’s busy trial calendar in Steve’s 2-month absence and achieved their own victories in other trial ready cases.
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