Cullan & Cullan Wins Record-Setting $25.4M Medical Malpractice Verdict for Injured Family
Cullan & Cullan, won a record-setting $25.4 million jury verdict for an infant injured by medical malpractice during labor and delivery. The excessive administration of Pitocin (oxytocin) resulted in serious brain injury and cerebral palsy for an infant.
According to the Greater Kansas City Jury Verdict Service's database, this verdict is the largest to ever be recorded for a medical negligence case in the Kansas City Metropolitan Area and its neighboring communities.
Doctor-Lawyers Patrick Cullan and Joe Cullan, physician-attorneys, were proud to advocate for their client, a little girl, who just turned four in this landmark case. Utilizing their advanced degrees in medicine and law, they were able to investigate and build a comprehensive case to explain how and why this preventable, needless brain injury occurred.
The defendant in this case, Dr. Kelli Sandri, and her representation claimed that the brain injury happened in utero before labor started. They also argued that the injury was not as severe as it truly was, alleging the only deficit was “a delay in communication with normal motor function.”
After two weeks, of trial the jury felt the facts and evidence supported the plaintiffs in their allegations that excessive uterine activity (because of too much Pitocin) led to hypoxic-ischemic brain damage and cerebral palsy.
“Great care must be taken with the use of Pitocin,” Doctor-Lawyer Patrick Cullan said. “If used correctly, Pitocin can be safe, but the health care team must watch carefully for signs of overdose.”
The birth injury was, therefore, preventable and severe. If the defendant had better supervised the resident physician managing the labor, the injury would never have occurred.
“The attending physician delegated the responsibility to the doctor in training, rather than personally attending to the patient as often as required by the standard of care,” Doctor-Lawyer Joe Cullan said. “Hopefully, this verdict will send a message to teaching hospitals that the doctor who is responsible for the patient’s care must be actively involved. You cannot teach or supervise a young doctor from the nursing station or doctor’s lounge.”
The over $25 million jury award comprises nearly $19 million in future medical damages, over $1.4 million in future economic damages (excluding medical damages), and $5 million in past and future non-economic damages. "The damages awarded by the Jury reflect that they understood what a devastating injury this was," said Joe Cullan. “This is an amazing family. Kylie’s mother, Rachel, has taken her daughter to 184 physician and therapy visits in the last four years. They work every day to improve Kylie’s life and keep her safe.”
A History of Record-Setting Results
Notably, this is not the first of Patrick and Joe’s record-setting verdicts. They recently won a $26.1 million verdict in Nebraska for a child who was left permanently disabled after a hospital failed to provide proper treatment for an accidental daycare fall. As reported by Omaha World-Herald, that $26.1 million verdict broke the previous state record: a $17 million verdict Cullan & Cullan won for a baby who suffered brain damage due to a birth-related injury.
At Cullan & Cullan, we provide unmatched legal services to clients in Missouri, Kansas, Arizona, Nebraska, and nationwide. We are able to empower our clients and bolster their cases with our medical and law degrees. Our unique background has enabled us to recover over $350 million for our clients. If you need proven representation in a birth injury or wrongful death case, we’re right here to help.
Call (816) 253-8606 to get your free consultation!