Cullan & Cullan Wins Record-Setting $26.1M Medical Malpractice Jury Verdict

At Cullan & Cullan, our team of doctor-lawyers has recovered $26.1 million in compensation for a child who was rendered permanently disabled following an accidental fall at daycare. As reported by AP News, the jury award is the highest to ever be won in a medical malpractice case in Nebraska, where it was tried.

The child was just five years old when she fell while standing on a toy at daycare. She was admitted to Children’s Hospital & Medical Center in Omaha for treatment, but she was discharged far too early. Once home, she suffered severe seizures and brain damage, leading to blindness and the inability to communicate. She must now use a wheelchair to get around.

Not only did Children’s Hospital send the five-year-old child home earlier than what was safe, but staff also suggested to her parents that either they or the babysitter had physically abused the child.

Doctor-Lawyers Pat Cullan and Joe Cullan of Cullan & Cullan served as attorneys on this case. They both worked tirelessly to prove malpractice was committed. Further, as detailed by AP News, Joe argued that “there was absolutely no evidence” of child abuse, that all evidence pointed to an accidental fall. (Sarpy County authorities had initially cited the babysitter, but they soon dismissed the case completely.) The hospital’s suggestion was, therefore, highly insensitive.

On November 29, 2021, a Sarpy County jury found that Children’s Hospital had negligently and improperly discharged the child from its care, leading to further injury. The jury awarded the child $21.5 million for past and future medical care and damages, as well as $4.6 million in compensation to her parents. Amounting to $26.1 million, the record-breaking verdict surpasses the state’s cap on medical malpractice verdicts by more than tenfold.

Children’s Hospital will likely ask that the judge impose the $2.25 million cap on the case against it. Pat and Joe fully intend to fight any attempt to do so, however. They will make a case as to why the judge should, as AP News wrote, “declare the cap on medical malpractice verdicts unconstitutional [because] a lifetime of medical bills will far exceed the cap.”

Learn more in our Press Release.

At Cullan & Cullan, Doctors Practicing Law, we are here to help real people and real families who have been injured by negligence. Our team brings over 40 years of experience, advanced medical and law degrees, and a proven track record of results to the table. We never rest in our fight for justice!

To get in touch with Cullan & Cullan, give us a call at (816) 253-8606. We accept cases in Kansas, Missouri, Nebraska, Arizona, and across the nation.


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