Jury Awards $79,000,000 in Suit Over Injury to Child's Brain

Publication:The New York Times
Author:Jennifer Steinhauer
Attorney(s):Thomas A. Moore
Practice Area(s):Medical Malpractice
Summary:In one of the largest judgments against a New York City hospital, the Times reported, a Manhattan jury awarded $79 million to the family of 13-year-old Samuel Desiderio. Thomas Moore represented the family during the trial, which lasted three weeks with two days of deliberations.

Samuel, who was born with a condition that caused fluid to build up in his brain, had to have a permanent shunt inserted to drain the fluid. Just before his fourth birthday, "There were textbook signs the shunt was failing," Mr. Moore said, emphasizing the fact that one of Samuel's pupils was more dilated than the other and he was vomiting. "And they did nothing for him," Mr. Moore said. By the time action was finally taken to relieve the pressure on Samuel's brain, the damage had been done, Mr. Moore said. A videotape played in court showed Samuel before the brain damage, as "vibrant, a beautiful child." Samuel's parents, Vincent, an artist, and Gale, a psychiatrist, have two other children.
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