Defense Verdict in Connecticut on Behalf of Obstetrical Practice
Madonna A. Sacco and Matthew M. Sconziano, partners in HPM&B’s Bridgeport office, successfully defended a private obstetrical practice in a medical malpractice case in which the plaintiff alleged that she sustained a fourth-degree obstetrical laceration during the delivery of her child. Plaintiff claimed that the laceration of her vaginal, perineal, anal and rectal tissues went unrecognized by a certified nurse midwife at the time of the delivery and during subsequent post-partum examination. Plaintiff alleged that the delay in diagnosing and repairing her obstetrical laceration required her to undergo major uro-gynecological surgery and resulted in fecal incontinence on a daily basis.
Ms. Sacco and Mr. Sconziano established during trial that plaintiff had a history of fecal urgency dating back to her childhood, and that plaintiff sought no medical care from any healthcare provider for a five-month period prior to her first documented complaint. The defense also introduced testimony from a midwifery expert who opined that it would be impossible for a certified nurse midwife not to recognize a fourth-degree obstetrical laceration as even a mere visual examination of the perineum following delivery would reveal this very obvious and extensive injury.
The trial in Danbury Superior Court lasted two and one-half months. Plaintiff was represented by the firm of Koskoff, Koskoff & Bieder, one of Connecticut’s leading plaintiff’s malpractice firms. During closing argument, plaintiff’s counsel suggested an award of up to $20 million. On February 26, 2015 the jury returned a verdict in favor of the defense.