An 8-year old lawsuit finally ended in a trial verdict of $58.6 million. Domenic and Cathy D’Attilo’s son Daniel has severe cerebral palsy since his birth on Feb. 2, 2003. Daniel cannot feed himself, is in a wheelchair, is unable to talk and is incontinent. The jury awarded $8.6 million for past and future care and $50 million for pain and suffering. The D’Attilos, of Norwalk, Connecticut sued Richard Viscarello, M.D., and his obstetrical practice, alleging that the doctor negligently delayed doing a Cesarean section, among other things, which led to Daniel’s severe and permanent brain damage. The verdict appears to be the largest ever in a Connecticut medical malpractice case. James B. Rosenblum, the defendants’ attorney, promises an appeal if the judge allows the verdict to stand. Kathleen L. Nastri, the D’Attilos’ attorney, expects the verdict to survive on appeal.
This verdict is interesting for several reasons. $8.6 million in special damages (medical care and lost wages) almost strikes me as too low, in my experience with similar situations. The medical care portion of this number is ordinarily calculated by a life-care planner and would be based on estimates of Daniel’s medical care needs and living expenses until age 65 (when Medicare and Social Security kick in.) Daniel obviously cannot take care of himself, so a group home is not going to be a reasonable choice for him to reside even though these kinds of facilities work for many disabled people and are relatively inexpensive. Daniel will likely need a nursing home or similar facility, and that kind of care is very expensive, particularly over a lifetime. Lifetime wages for a child are usually estimated by looking at the wages of the parents and then calculated from age 18 to 65. Although Dominic is a mason and contractor whose business has fallen on hard times since the housing downturn, the life-care planner would probably use an average wage of other workers in the same kind of job to come up with an estimate for Daniel’s earning potential, without his disability. Because even the minimum wage translates to a large number over a 47-year time frame, juries sometimes go into sticker shock when they learn what the lifetime earning potential of a child is.
The general damages award for pain and suffering was also remarkable in this case. It is not often that juries feel so sympathetic. Although less than 6 times the special damages award, most juries cringe at awarding these kind of numbers. Over the past couple of generations, the insurance companies, in an incestuous relationship with politicians, have convinced most people of the meme that medical malpractice verdicts drive the soaring cost of healthcare. Yes, it’s all a big lie, but because it sounds so plausible and easy to accept, politicians never stop blaming trial lawyers for the costs of healthcare, particularly so when the real reason for healthcare inflation is politicians themselves. What happened to Daniel was awful and no one would ever trade places with him for any amount of money. So it is heartening that every now and then Justice actually occurs in the courtroom.


I bring up this issue because we supposedly have a free-market medical system and the Chinese–well, they’re communists. Has the free market failed yet again?
trial is needed to investigate these findings. The Chinese medical literature may be a rich source of evidence to inform clinical practice and other systematic reviews.”