Record 58 Million Dollars Birth Injury Settlement Awarded

A jury in Waterbury, Connecticut, has awarded the State´s largest ever compensation amount to an eight year old boy who suffered disabling birth injuries during a Caesarean Section delivery in 2002.

Daniel Jacob D´Attilo of Norwalk, Connecticut, sued his mother´s obstetrician – Dr. Richard Viscarello, of Maternal-Fetal Care and Stamford Hospital – through his parents, Dominic and Cathy, alleging medical malpractice before and during the course of his birth.

It was claimed in the action that the doctor and his staff had failed to determine Daniel´s position within the womb and had delayed performing a Caesarean Section operation as a result. It was further claimed that Dr. Viscarello had not warned Mrs D´Attilo about the risks of a C Section delivery and had failed to have a certified anaesthesiologist or expert in placing an endotracheal tube present during the procedure.

The family alleged that, as a result of the doctor´s negligence, Daniel was starved of oxygen prior to his birth and sustained cerebral palsy as a result. The jury in Waterbury heard that Daniel cannot walk and is incapable of talking. He suffers frequent seizures and cannot sit up by himself or stand. Daniel also requires help when he eats and will require a lifetime of care.

The jury found in Daniel´s favour and awarded him the largest ever award of medical malpractice compensation witnessed in Connecticut.