$7.86 Million Jury Verdict for Hypoxic Brain Injury to Newborn

Vashti Daisley went to a hospital complaining of a lack of fetal movement during the late stages of her pregnancy. Dr. Donna Kasello, an obstetrician, performed a biophysical profile, which resulted in a score of two.

Dr. Kasello consulted a maternal-fetal medicine specialist, Dr. Kimberly Heller, and the patient later underwent a repeat biophysical profile, which resulted in a score of eight. Dr. Kasello discharged Daisley after 30 additional minutes of fetal monitoring.

The next day, Daisley’s treating obstetrician performed an emergency biophysical profile. The results were not reassuring, leading to the delivery of Vashti Daisley’s son by Cesarean section.

The baby’s Apgar scores were 1 at one minute and 3 at five minutes — not particularly good in any way. The baby required resuscitation at birth and removal of meconium from his lungs. The baby is now 7 years old and has been diagnosed as having hypoxic brain damage, ADHD and speech and language disorders, all associated with the improper or late response to fetal distress.

Daisley, on her son’s behalf, sued Dr. Kasello and Dr. Heller, claiming that they chose not to perform an immediate delivery in light of the first biophysical profile score. She and her family also asserted that the defendant doctor should have kept her hospitalized for continuous monitoring if they determined that an immediate delivery was not warranted. The hospital was named under a vicarious liability theory for the negligence of the two doctors.

The jury signed a verdict of approximately $4.09 million plus the growth rate projections that create a future value exceeding $7,860,000. The jury apportioned liability at 60% to Dr. Heller and 40% to Dr. Kasello. Because of vicarious liability, the hospital no doubt has ample insurance or self-insurance coverage that should pay this verdict.

The attorneys who successfully handled this lawsuit for Vashti Daisley and family were Brian M. Brown and Richard Maniatis.

At trial, Daisley’s attorneys presented experts in speech pathology, pediatric neurology, economics, clinical psychology and obstetrics.

The defendants presented experts in the fields of neuropsychology, neonatology, obstetrics and pediatric neurology.

Young v. Heller, No. 4793/11 (N.Y. Sup.Ct. Dutchess County).

Kreisman Law Offices has been successfully handling birth trauma injury lawsuits, birth brain injury cases, hypoxic brain injury lawsuits and medical negligence lawsuits for individuals, families and the loved ones who have been injured, harmed or killed by the negligence of a medical provider for more than 40 years, in and around Chicago, Cook County and its surrounding areas, including Bridgeview, Stickney, Bedford Park, Summit, Western Springs, Willow Springs, Roselle, Richton Park, Park Ridge, Palos Park, Niles, Maywood, LaGrange, Chicago (Morgan Park, Hegewisch, East Side, South Chicago, Grand Crossing, Brighton Park, Greek Town, Wicker Park, Lakeview, Edgewater, Andersonville, Uptown), Riverside, Oakbrook and Round Lake, Ill.