$50M in Damages Avoided in Extreme Prematurity Case
Dan McGrew recently obtained a directed verdict on behalf of their neonatology clients at trial in DeKalb County State Court. This case involved allegations of failure to timely diagnose and treat Retinopathy of Prematurity in a baby born at 24 weeks gestation, weighing 628 grams. The baby survived extreme prematurity but developed permanent bilateral blindness as a consequence of prematurity. Plaintiffs sued the neonatologists, ophthalmologists and hospital where the baby was born. At trial, Dan successfully argued that the opposing ophthalmology expert should not be allowed to testify as to certain neonatology decisions. As a result, the Court determined that a directed verdict was appropriate as to the neonatologists and entered judgment in their favor prior to the case going to the jury. Plaintiffs sought close to $50 million in damages at trial.