Attorneys Daniel S. Weinstock and Andrew K. Mitnick secured a cash settlement of $8.5 million* in a tragic case in which a newborn’s jaundice/bilirubin was not properly tested and she ended up with severe hyperbilirubinemia leading to kernicterus and cerebral palsy.
This settlement is one of the largest medical negligence settlements ever to come out of upstate New York, and is believed to be the largest such recovery since New York State’s passage of the Neurological Injury Indemnity Fund, which is a tort reform law designed to prevent brain-injured babies from recovering full damages in court. The settlement will undoubtedly provide for the child’s lifelong medical and related care needs.
At the insistence of the defendants, the names of the parties are being held confidential.
*Attorneys Weinstock and Mitnick handled this case on a pro hac vice basis, which is when lawyers not licensed in a particular state associate with a lawyer who is licensed in that state and obtain the court’s permission to jointly represent a client in a specific matter.