State of Wisconsin/Circuit Court/Dane County
Medical Malpractice
Jury Trial

In a three-week medical negligence trial, defense counsel, including Barrett Corneille and Adam Fitzpatrick, secured a verdict in favor of an OB-GYN physician. Plaintiff claimed that the physician's failure to diagnosis an arrest of labor of his mother and perform a cesarean section resulted in the plaintiff's development of cerebral palsy. Defendants contended that plaintiff's mother was appropriately assessed and that the standard of care for managing a prolonged labor given the mother's specific attributes did not require the physician to perform a cesarean section at any time prior to natural delivery. In addition, the defendants asserted that the timing of the insult leading to the plaintiff's cerebral palsy occurred one or more days prior to delivery. This case spanned several years, involved extensive discovery, and required numerous pre-trial motions including 45 motions in limine. However, the issues of standard of care, causation, damages, and life expectancy remained contested at trial. After a short deliberation, the jury found no negligence on the part of the defendant physician.