New York Verdicts

Plaintiff(s):

Nylah Hollingsworth (Female, 13 Days)

Plaintiff Attorney(s):

James P. Fitzgerald;
The Fitzgerald Law Firm, P.C.;
Yonkers,
NY,
for
Nylah Hollingsworth

Plaintiff Expert(s):

Carolyn Crawford;
M.D.;
Neonatology;
Camden,
NJ called by
James P. Fitzgerald

Defendant(s):

Mercy Medical Center

Defense Attorney(s):

Peter C. Kopff;
Peter C. Kopff, LLC;
Garden City,
NY,
for
Mercy Medical Center

Defendant Expert(s):

Dennis Davidson;
Neonatology;
Stony Brook,
NY called by
Peter C. Kopff

Insurer(s):

Physicians’ Reciprocal Insurers primary insurer
RVC Insurance Co. Inc. excess

On March 8, 2009, plaintiff Nylah Hollingsworth, a 13-day-old girl, was examined by a member of the staff of Mercy Medical Center, in Rockville Centre. Nylah had been born during her mother’s 27th week of gestation, so she was being housed and treated at the hospital. Her diet comprised milk that had been drawn from her mother’s breasts. After the examination had been completed, a doctor prescribed fortification of the milk that Nylah was consuming. During the ensuing day, a doctor determined that Nylah was suffering necrotizing enterocolitis: necrosis of portions of the lining of an intestine’s wall. The hospital’s staff provided aggressive management of the condition, but Nylah did not improve. During the evening of March 14, 2009, she was transferred to Schneider Children’s Hospital, in the village of New Hyde Park. A doctor detected a perforation of Nylah’s small intestine, and a surgeon inserted a drain that redirected the fluid that was leaking out of the intestine. Nylah’s condition worsened. In May 2009, a laparotomy revealed extensive necrosis of her small intestine. She underwent removal of 28 percent of her intestines, and she suffers permanent, severe residual effects. Nylah’s mother, Marsha Laing, acting as Nylah’s parent and natural guardian, sued Mercy Medical Center. Laing alleged that the hospital’s staff did not properly manage Nylah’s nutrition, that the staff did not properly address a resultant injury of Nylah’s small intestine, that the staff’s failures constituted malpractice and that Mercy Medical Center was vicariously liable for the actions of its staff. Plaintiff’s counsel presented an expert neonatologist. The expert opined that Nylah’s enterocolitis largely stemmed from the fortification of the milk that the infant had been consuming. The expert also opined that the hospital’s staff did not properly address Nylah’s enterocolitis. She noted that the hospital could not provide surgical treatment of the condition, and she contended that Nylah should have been immediately transferred to a facility that could have performed such surgery. Alternatively, she contended that the condition necessitated an immediate evaluation by a surgeon. She claimed that the hospital’s delay allowed development of a perforation that greatly increased the extent of Nylah’s injury. The expert concluded that the hospital’s staff departed from accepted standards of medical care. The defense’s expert neonatologist opined that the hospital’s staff properly managed Nylah’s nutrition, that Nylah’s enterocolitis was not caused by fortification of the milk that she consumed and that Nylah’s perforation developed after she had been transferred to Schneider Children’s Hospital. During cross-examination, the expert acknowledged that Nylah’s enterocolitis should have been promptly evaluated by a surgeon.

On March 9, 2009, a doctor determined that Nylah was suffering stage-II necrotizing enterocolitis. The condition caused a perforation of Nylah’s small intestine. She underwent surgical insertion of a drain that redirected the fluid that was leaking out of the intestine, but her condition worsened. On May 5, 2009, she underwent a laparotomy, which involved removal of 35 centimeters of necrotic intestine. The procedure also included the creation of an ileostomy, in which her small intestine’s distal end was redirected through the skin of her abdomen. The ileostomy was reversed on Sept. 2, 2009. Nylah suffers short-bowel syndrome. The condition’s effects include diarrhea, pain, unusually frequent incidences of overnight defecation, intolerance of lactose and many foods, and her emission of foul odors. She also retains a large permanent scar. Nylah’s mother sought recovery of $2 million for Nylah’s past pain and suffering, and she sought recovery of $8 million for Nylah’s future pain and suffering.

The jury found that Mercy Medical Center’s staff departed from an accepted standard of medical care. It determined that the hospital’s staff did not timely address Nylah’s enterocolitis. The jury found that Nylah’s damages totaled $5 million.

Nylah Hollingsworth: $1,000,000 Personal Injury: Past Pain And Suffering; $4,000,000 Personal Injury: Future Pain And Suffering

Judge:

Kevin Kerrigan

Trial Length:

7
 days

Trial Deliberations:

2.5
 hours

Jury Vote:

6-0

Jury Composition:

3 male/ 3 female

Post Trial:

Defense counsel has expressed an intention to move to set aside the verdict. He contended that the plaintiff’s expert’s testimony did not support the jury’s finding of untimely treatment.

This report is based on information that was provided by plaintiff’s and defense counsel.