Medical Malpractice $8.651 Million

Defendant Doe #3 was unable to recall who actually performed the delivery. She testified that every midwife evaluates the progression of labor differently and therefore there is no standard of care. Defendants contended that their care was excellent, and that any problems the infant has were suffered in utero, and had nothing to do with the birth. The infant plaintiff, 4 1/2 years old at trial, suffers from cerebral palsy and mental retardation. He has a normal life expectancy, but will never be independent. His IQ is 70, and testimony indicated that when he is an adult, he will have the mentality of a 10- to 12-year-old child. No offer; Note This is the first medical malpractice childbirth case from Monroe County published in The New York Jury Verdict Reporter that resulted in a verdict for the plaintiff. offer; demand: $6,200,000.

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