For Plaintiff: Gerald Gioia, Ph.D. (Pediatric Neuropsychologist from Children’s National Medical Center, Washington D.C.); Adre DuPlessis, M.D. (Pediatric Fetal Neurologist from Children’s National Medical Center, Washington D.C.); Donald Null, M.D. (Neonatologist from UC-Davis, California), Andrew Perron, M.D. (ED Doctor from Maine Medical Center, Portland, ME); Gary Salzman, M.D. (Pulmonologist/Critical Care Specialist from University of Missouri-Kansas City); Patrick Barnes, M.D. (Pediatric Neonatal Neuroradiologist from Stanford University), Theonia Boyd, M.D. (Placental Pathologist from Boston Children’s Hospital); Brooke Elsberry, R.T. (Respiratory Therapist at Rose Medical Center, Denver), Valerie Imperial, M.D. (Treating OBGYN, Denver), Robert Pash, M.D. (Treating General Surgeon, Denver); Jennifer Frausto, R.N. (Treating L & D Nurse, Rose Medical Center, Denver); Amy Connery, Ph.D. (Treating Pediatric Neuropsychologist at Children’s Hospital Denver); Tess Simpson, Psy.D. (Treating Pediatric Psychologist Children’s Hospital Denver); Lesa Schirmacher, Ed.S. (School Psychologist, University Prep, Denver); Valerie Luckenbill (Special Education Director, University Prep, Denver); Franny Mazone, RN, CLCP (Life Care Planner, Denver), Aubrey Corwin, MS, LPC, CRC (Vocational Rehabilitation Counselor, Boulder, CO), Mark McNulty, Ph.D. (Economist, Boulder, CO). Prior to dismissal of Dr. Imperial, Plaintiff’s endorsed Susan Crowe, M.D. (OBGYN Stanford University) and Beth Faulkner, DNP, Stanford Children’s Health).
For Defense: Jay Markson, M.D. (Plaintiff’s Pediatrician, Denver, CO), Dennis Matthews, M.D. (Plaintiff’s Treating Physical Medicine and Rehabilitation doctor, Children’s Hospital Denver); LuAnn Papile, M.D. (Neonatologist/Perinatologist, Indianapolis, IN); Jan Kennaugh, M.D. (Neonatologist, Denver); Dani Raeburn, M.D. (ED doctor, Denver); Michael Noetzel, M.D. (Pediatric Neurologist, Washington University, St. Louis, MO); Joseph Forrester, M.D. (Pulmonologist/Critical Care Specialist, Denver); Amy Adelberg, M.D. (Perinatolgist, Denver); John Kirk, Ph.D. (Pediatric Neuropsychologist, Louisville, CO); Nicholas Stence, M.D. (Neuroradiologist, Denver); Scott Andersen, M.D. (Neuroradiologist, Denver, CO) Defendant Stella Hines, M.D.
Thank you: This case was fought long and hard by many lawyers at our firm over the past 6-7 years. A special thank you goes to Marlo Greer who worked with Steve Shapiro on this case through settlement of the wrongful death claim, and to Amanda Pfeil who handled legal arguments, motions and jury instructions, to Amy Rogers who spent hundreds of hours on deposition summaries and motions and to Melissa Winthers who kept our firm afloat and well managed in the absence of all of its other lawyers! We would also like to recognize and thank Scott Eldredge and Isobel Thomas for your guidance and “ears” over the past several months. We wish to thank and recognize High Impact Graphics for all the innovative and important animations and exhibits that were created for this case. And for all the last minute and late night hours that were spent revising exhibits after motion battles that involved right down to the commas, periods and fonts of these exhibits.
There are just too many to account for in this post. Steve and I could both intubate any one of you should the need ever arise. We are also able to spell and correctly pronounce “Periventricular Leukomalacia” in our sleep. We will continue to create animations and other important exhibits VERY early in the process and we will continue to expect tedious/lengthy motion practice related to exhibits as technology advances and options for explaining our cases to juries continue to increase.
After 9.5 hours of deliberations, that began on the Friday before President’s Day weekend and continued the Tuesday thereafter, our client was awarded a verdict of $2,105,000.00. The breakdown: Past Economic and Non-economic damages: $0.00; Future Medical Bills: $55,000.00; Loss of Future of Earning Capacity: $1,300,000; Future Non-economic damages: $750,000.00. With reduction for “non-economic damages cap” and 7 years of interest the verdict is expected to exceed $3 million for our very deserving 7 year-old.