Defense Verdict in Connecticut

Madonna Sacco recently obtained a defendant’s verdict in Superior Court, Judicial District of Middlesex, Middletown Connecticut.   Plaintiff claimed that HPM&B’s client, an obstetrician/gynecologist, applied excessive traction during the delivery of the infant-plaintiff, causing the infant to suffer shoulder dystocia.  The case had been previously tried to a defendant’s verdict but was appealed by the plaintiff.  The Connecticut Appellate Court reversed the verdict and remanded the case for a new trial on the issue of an incorrect charge on mitigation of damages.  The Appellate Court concluded that the actions of the parents in failing to obtain treatment for their child was admissible at trial.  During the re-trial, this evidence was introduced and the jury again returned a verdict for the defendant.