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Senior Trial Partner Rosaleen T. McCrory, Partner Graham T. Musynske, and Associate Timothy M. O'Toole obtained a unanimous jury verdict in favor of our clients, a Board-Certified Pediatrician and his practice group, after an over three-week trial in Supreme Court, Suffolk County, Honorable C. Stephen Hackeling.
The case was brought on behalf of a now 16-year-old young woman who alleged that our client failed to appreciate signs and symptoms of a perinatal stroke and failed to refer the infant-plaintiff to a pediatric neurologist during the child’s first year of life. It was alleged that this failure led to a delay in the start of early intervention, resulting in a delay in initiating physical and occupational therapy and other potential interventions. Plaintiffs claimed that the delay in initiating treatment resulted in a loss of chance for the infant to obtain a better outcome. During the course of the child’s care, post involvement by our client, she received Botox injections to her right upper and lower extremity and underwent two orthopedic surgeries on her right lower extremity. It was claimed that she was left with permanent deficits in the right arm, hand, leg, and foot.
Through the use of highly qualified experts in Pediatrics and Pediatric Neurology, Ms. McCrory and MCB’s trail team were able to establish that there was neither a departure from the applicable Pediatric standards of care nor a causal nexus between the infant-plaintiff’s deficits and the alleged malpractice. The jury unanimously agreed after deliberating for under two hours.