Posted in Walkup News on December 13, 2011
Kelly, of Walkup, Melodia, Kelly & Schoenberger, Wins $23.2 Million for Infant Plaintiff in Medical Malpractice Case
(San Francisco, California) February 24, 2010 – Michael A. Kelly, a personal injury attorney with Walkup, Melodia, Kelly & Schoenberger, traveled across the country to provide representation in a Minnesota medical malpractice case that ended with the largest birth injury verdict in state history. On February 11, the plaintiff received a $23.3 million verdict, which set Minnesota records and joined the top reported birth injury rulings across the nation. In trying the case, Kelly worked with Minnesota lawyers Edward Matonich and Julie Matonich, of Matonich and Persson.
The lawsuit centered upon the injuries of Kylie Rogers, a two-year-old who suffers from spastic quadriplegia, cerebral palsy, visual impairment, seizures and neurological problems as a result of negligence during her birth. The child’s mother filed suit after the attending doctor and nurses failed to recognize signs of fetal distress and administered extremely high doses of birth-inducing chemicals. In alleging medical malpractice, the mother claimed that the attending hospital staff should have recognized the futility of a vaginal birth and ordered an emergency C-section, thus avoiding the complications that ultimately led to Kylie’s present condition.
Kelly’s successful cross-examination of multiple defense medical experts helped to demonstrate that Kylie Rogers’ birth injuries were preventable, and that the managing physician ( a Family Medicine specialist as opposed to an Obstetrician) as well as the local hospital’s nurses, fell below accepted standards of care. In its verdict, the jury of six men and two women awarded the child $1.7 million for past health care expenses; $10 million for future health care expenses; $1 million for past and future pain, disability and emotional distress; $10 million for future pain disability and emotional distress; and $1.5 million for loss of earning capacity.
Kelly was quoted after the verdict commending the hard work and independence of the jurors and the fair and effective administration of the trial by the trial judge.
Walkup, Melodia, Kelly & Schoenberger is a nationally-known personal injury firm based in San Francisco, whose attorneys participate in high profile litigation both locally and nationally. Michael A. Kelly is an award-winning attorney who most recently was voted the “Best Personal Injury Attorney ” in San Francisco. He has been named to the list of the “Best Lawyers in America” for 15 consecutive years, and is a 7 time recipient of Northern California Super Lawyer recognition. Known as “The Million-Dollar Man,” Kelly has been involved in over 150 cases resulting in at least a $1,000,000 verdict or settlement in favor of his client.