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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Trial is legal surgery, the narrowest specialty, and it requires unique skills. Our clients want our service and hope they never need it again- like surgery.

Million Dollar Brachial Plexus / Medical Malpractice Settlement

Michael Stumo of Domina Law Group pc llo recently settled, before Trial, a medical malpractice lawsuit for $1.1 Million, among the largest brachial plexus injury settlements in the State of Connecticut.

The Minor Plaintiff's left arm was injured at birth, during the birthing process, at Hartford Hospital, Hartford, Connecticut. The baby's shoulder was caught behind her mother's pubic bone, a condition called shoulder dystocia. "When the shoulder became impacted, the baby stopped moving down the birth canal, and the obstetrician panicked," said Stumo. "The obstetrician should have performed a series of maneuvers to dislodge the shoulder, but chose to pull on the baby's head and shoulders instead."

The Doctor's pulling ripped a nerve bundle near the infant's spine called the brachial plexus. Without this nerve function, the Minor Plaintiff's "entire left shoulder and arm were left without strength and mobility, in a condition called 'waiters wrist', a permanent injury," continued Stumo.

Defense Counsel hired eleven experts to combat the malpractice allegations, arguing the injury occurred without physician fault. "Brachial plexus injury cases are complex and difficult," said Stumo. "But it is hard to overcome the common sense notion that excessive pulling on a baby during delivery has consequences."

While the Minor Plaintiff will never recover full left arm use, the settlement will assist her with life-long medical care and supplement income lost due to this permanent injury.

March 15, 2006
Michael C. Stumo

Domina Law Group pc llo is a firm of trial lawyers. We specialize in complex litigation on a national basis. Our lawyers are ethical, aggressive, and committed to providing spirit and vitality to the judicial system and our client’s legal rights.

Categories: Medical Malpractice

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