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Attorney Donnelly Helps Family Secure $20 Million in Birth Injury Suit

The Donnelly Law Firm

Attorney Denis Donnelly of The Donnelly Law Firm helped a little girl and her family secure a $20 million verdict for a birth injury suit regarding a failure to promptly treat fetal distress. On October 24, the Union County jury decided to rule in favor of the plaintiff and her family, granting them an $8 million for disability and loss of enjoyment of life, $11 million for future care costs, and $1 million for loss of consortium to the parents.

Back in 2011, Maria Tapia became pregnant with twins, one of which was a little girl named Kylie. When Maria was still pregnant with Kylie, she underwent maternal fetal testing during her 33rd week of pregnancy by the specialist Garry Frisoli. During the ultrasound, Frisoli discovered that the baby girl, now 11 years old, had developed an intrauterine growth retardation in her mother’s womb. Unfortunately, Frisoli failed to report it in a timely fashion, and the mother’s obstetrician also failed to exhibit the proper standard of care. As a result of their negligent actions, the little girl, Kylie suffered substantial brain damage, cannot speak, and is confined to a wheelchair.

If the technician had exhibited proper care, he would have called Tapia and her obstetrician immediately to let them know about the test results. However, the results sat on Frisoli’s office’s desk for 4 days before they were finally faxed to Tapia’s obstetrician. By that point, Kylie had already begun losing weight due to lack of nutrition, and at some point, she stopped breathing, which led to substantial brain damage.

Ultimately, both doctors were found liable for Kylie’s injuries, though Frisoli was found only 30% at fault, while the obstetrician was found to be 70% at fault. Kylie and her family were awarded $6 million by the jury, and the remaining amount was settled between the family and the obstetrician 4 weeks before trial.

Need Help After a Birth Injury? We’re Here For You!

If your child suffered a birth injury, such as HIE or cerebral palsy, due to someone else’s negligence or mistake, our firm is here to help. We can help you identify the liable party and hold them accountable for the harm they caused. Whether your child was harmed due to inadequate testing, delayed treatment, or any other type of negligence, we can use our legal experience and knowledge to help you seek justice and compensation.

Contact The Donnelly Law Firm today to discuss your case with our attorneys.

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