New York Medical Malpractice Attorney Report: Second Department Reduces Verdict In Birth Injury Case

In Abdelkader v Shahine, a Kings (Brooklyn) County jury found the defendant obstetrician liable for injuries, namely an Erb’s Palsy suffered by the infant-plaintiff, Laila Abdelkader. Erb’s palsy is a paralysis of the arm caused by injury to the the arm’s main nerves at spinal roots C5-C7. The injury allegedly resulted from the medical malpractice of the defendant physician in connection with the obstetrical care administered during the infant-plaintiff’s birth on July 2, 1997.

The jury returned a verdict in favor of the plaintiff for $300,000 for past pain and suffering and $500,000 for future pain and suffering. The Second Department reduced the verdict to $150,000.00 for past pain and suffering and $400,000.00 for future pain and suffering. The Second Department found the original award to be “excessive” and reasoned that the original award “deviated from what would be reasonable compensation.”