Jury Rules Against Hospital for Negligent Care of Baby

Publication:The New York Times
Author:David Stout
Attorney(s):Thomas A. Moore
Practice Area(s):Medical Malpractice
Summary:A Brooklyn jury has awarded Jermaine Eccleston $23.3 million for the brain damage and paralysis he suffers because of a doctor's negligence. Thomas Moore represented Jermaine during the two-week-long trial with two days of deliberations.

Mr. Moore said that because Jermaine's mother, Claudette Eccleston, suffered from pregnancy-related diabetes, doctors should have known that Jermaine needed to be closely monitored. Mr. Moore said in the Times article that "Jermaine was born three weeks prematurely in a delivery so difficult that the baby's shoulder was broken." After the birth, "This high-risk infant was placed in the regular nursery and examined exclusively by inexperienced trainee physicians," Mr. Moore said. "His care was rendered by doctors who had neither the background nor experience to provide the care this infant needed." At three days old, Jermaine's heart and breathing stopped. By the time this was discovered, resuscitation was delayed because the proper equipment was not handy, Mr. Moore said.

Jermaine is an "alert" child and can understand things but cannot talk. He cannot fully use his arms and legs, and he attends a special school.
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