WTO wins unanimous defense verdict in obstetrical malpractice trial
The WTO trial team of Kevin Kuhn, Katie Yarger, and Miko Brown obtained a complete defense verdict on behalf of their labor and delivery nurse client in a three-and-a-half-week obstetrical trial in Boulder District Court in Colorado. The case involved a baby who was born with cerebral palsy.
The plaintiff requested $17 million in damages on the claim that the defendant obstetrician, another labor and delivery nurse, and WTO's client had allegedly misinterpreted fetal monitor strips which led to the baby being asphyxiated in utero causing cerebral palsy. WTO argued that its client was not negligent, and that the brain injury was a tragic, unpredictable, unforeseeable, and unpreventable complication resulting from meconium aspiration syndrome.
On March 6, 2013, the jury found that WTO's client and the other defendants were not negligent and returned a unanimous defense verdict in their favor.