Philip Willman and Angela Pozzo defended Saint Louis University in medical negligence case alleging failure to timely perform operative delivery/cesarean section caused cerebral palsy.
Saint Lois, MO (PRWEB) November 17, 2008 -- Philip Willman, with the assistance of Angela Pozzo, successfully defended Saint Louis University in a medical negligence in St. Louis City Court in St. Louis, Missouri in July 2008. Plaintiff Vatisha Chester brought this medical negligence action on behalf of her 7 year old daughter, Trinidy Noldon, against the University. Chester alleged in May 2001, a University obstetrician failed to timely perform an operative delivery or Cesarean section to deliver Trinidy Noldon, causing her to suffer a hypoxic-ischemic brain injury manifested as spastic quadriplegic cerebral palsy with severe cognitive impairment.
Plaintiff alleged the University obstetrician should have made the decision to move towards an operative delivery or Cesarean section sooner. Plaintiff argued Defendant's undue delay in delivering Trinidy Noldon caused her to suffer a hypoxic ischemic brain injury resulting in cerebral palsy of the spastic quadriplegia type, severe cognitive impairment and a behavioral disorder.
Plaintiff's obstetrics expert, Fred DuBoe, M.D, from the Chicago suburbs, testified the University obstetrician should have moved towards operative vaginal delivery or Cesearan section delivery sooner because of the failure of Trinidy to descend during the second stage of labor. With respect to causation, Plaintiff presented testimony from Dr. Robert Zimmerman, a pediatric neuroradiologist from the University of Pennsylvania, who testified that findings on Ms. Noldon's brain CT from 18 hours after birth were consistent with hypoxic ischemic injury and that subsequent imaging studies performed during her first 2 years of life were consistent with hypoxic ischemic injury at birth. Plaintiff also presented testimony from Marcus Hermansen, M.D. a neonatologist from New Hampshire, who testified that Ms. Noldon's newborn course was consistent with hypoxic ischemic encephalopathy related to birth.
Defense experts refuted Plaintiffs' claims and provided testimony the University obstetrician met the standard of care and did not cause Trinidy Noldon's neurologic injury. Defendant presented testimony from Michael Lindsay, M.D. who specializes in maternal-fetal medicine at Emory University, who testified the University obstetrician met the standard of care by recommending an additional 30 minutes of pushing as long as the fetal heart tones remained reassuring and Ms. Chester was able to push. Defendant also presented testimony from Michael Noetzel, M.D. a pediatric neurologist from Washington University, who testified Trinidy Noldon's neurologic condition is a result of a genetic defect, a peroxisomal metabolic disorder. Finally, Defendant presented Steven Donn, M.D. a neonatologist from the University of Michigan, who testified that Ms. Noldon's injuries and clinical findings in the neonatal period were not consistent with hypoxic ischemic birth injury.
On July 10, 2008 the parties made closing arguments. Plaintiff's counsel asked the jury to return a verdict on behalf of Plaintiff for the suggested amounts of $13.7 million in future medical economic damages, $1.5 million for future loss of earning capacity, $1 million in past non-economic damages and $1 million in future non-economic damages. After 1 hour and 20 minutes of deliberation, the jury returned a verdict in favor of Defendant Saint Louis University.
St. Louis City Court, Division 5, Cause #052-10411
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