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Jury Awards Family $38.5M in Erred Baby Delivery Resulting in Cerebral Palsy

A Stamford Conn. jury found an obstetrician liable for the death of a baby during delivery, rendering a $38.5 million award to the family in the largest medical malpractice settlement in the state’s history, according to the Connecticut Law Tribune.

The 6-person jury determined Dr. Corinne

De Cholnoky, was negligent in not performing an emergency Caesarean section sooner, the result of which caused the second twin to be born with cerebral palsy. The doctor had successfully delivered the first of the twins, Emma, 27 minutes earlier at Stamford Hospital in 2003.

Court testimony said Spencer’s umbilical cord was cutting off blood flow to his brain, the Stamford Advocate newspaper reported. De Cholnoky spent 12 minutes attempting to deliver Spencer Oram naturally before performing the Caesarean section. The baby was born 15 minutes later with cerebral palsy and will need

24-hour care for life. Spencer’s life expectancy is between 20-50 years, depending which side’s expert witnesses are believed.

The doctor’s attorney, James Rosenblum, said the jury was "overcome by sympathy" instead of focusing on evidence that showed his client acted "reasonably, appropriately and thoughtfully" during the medical procedure. De Cholnoky testified she was aware the situation was an emergency but thought she could deliver the baby by natural means in less time than with a Cesarean section since the baby was "almost out."

Rosenblum said expert witnesses testified the baby may have suffered health problems while still in the womb. He is planning an appeal of the verdict. Rosenblum said De Cholnoky's insurance covers a "tiny" fraction of the court’s award.

Plaintiff’s Attorney Said Doctor Wasted Precious Minutes

Richard Silver, attorney for the Oram family, said the doctor waited too long before beginning the Cesarean delivery of Spencer.

Attorneys for the plaintiffs compared the heartbeats of the two twins as proof. Emma’s heartbeat was 150 beats per minute but Spencer’s was less than half the normal rate. Lawyers contended Spencer’s slower heartbeat was the result of his umbilical cord trapped between his skull and his mother's pelvic bone.

De Cholnoky filed a complaint accusing the Stamford Hospital nursing staff of “failing to react properly to the emergency” but later dropped the formal accusation. The court cleared co-defendant Stamford Hospital of wrongdoing in a suit filed by the Olam family.

This was the second medical malpractice suit filed against De Cholnoky in her 20 years of practicing. That case was dismissed when the statute of limitations had expired, according to Rosenblum. De Cholnoky graduated from the Harvard Medical School.

http://www.stamfordadvocate.com/news/local/scn-sa-malpractice2feb09,0,4678606.story

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