Birth Injury

$3 Million Birth Injury Settlement During Jury Trial

$3,000,000

Securing justice and lifelong care for an infant who sustained catastrophic neurological injury from medical negligence.

About This Case

This case involved medical negligence in the administration of a vaccination. Vaccines are safe and effective public health tools that save millions of lives. This case is not about vaccines themselves but about medical negligence—specifically, the failure to follow proper screening, administration, and monitoring protocols that led to a preventable catastrophic injury.

Case result at a glance

What this settlement meant for the family

This was a catastrophic pediatric injury case, so the legal work had to focus on future care as much as past negligence. The settlement created resources for medical treatment, therapy, adaptive support, education, and the family assistance required after permanent neurological harm.

Medical negligence theory supported by pediatric and neurological experts
Life-care planning used to show the child's long-term needs
$3 million settlement reached during jury trial

Past results do not guarantee future outcomes. Every case depends on its own facts, evidence, injuries, insurance coverage, and applicable law.

Case Overview

The Facts

Client: Infant plaintiff
Defendant: NYC Health and Hospitals Corporation
Injury: Encephalopathy (brain damage)
Cause: Negligent administration of DPT vaccination

The Result

Settlement: $3,000,000
Timing: During jury trial
Lifelong Care: Secured
Future Medical Needs: Fully funded

Background

A family brought their healthy infant to a New York City Health and Hospitals Corporation facility for routine pediatric care, including the administration of the DPT (Diphtheria, Pertussis, Tetanus) vaccination. What should have been a routine preventive health visit turned into every parent's worst nightmare when medical negligence resulted in their child sustaining catastrophic and permanent brain injury.

The infant developed encephalopathy—severe brain inflammation and damage—as a direct result of failures in the medical screening, administration, and post-administration monitoring of the vaccination. Proper medical protocols existed to identify contraindications, administer the vaccine safely, and monitor for adverse reactions. Had these protocols been followed, this devastating injury could have been prevented.

The encephalopathy resulted in permanent neurological damage requiring lifelong medical care, therapies, special education, and assistance with activities of daily living. The parents faced not only the emotional devastation of seeing their healthy child suffer permanent brain damage but also the overwhelming financial burden of providing specialized care for the rest of their child's life.

The Medical Negligence

Our expert witnesses—board-certified pediatricians, pediatric neurologists, and vaccine safety experts—identified multiple departures from the standard of care:

1. Failure to Properly Screen for Contraindications

Before administering the DPT vaccine, medical providers are required to screen for contraindications—conditions that would make vaccination unsafe or require special precautions. The hospital's medical staff failed to conduct proper screening or failed to recognize and act upon screening results that indicated contraindications to the vaccine.

2. Improper Administration

Even when vaccines are appropriate, they must be administered according to strict protocols including proper dosage, technique, and timing. Evidence suggested failures in the administration process that contributed to the adverse reaction.

3. Failure to Monitor and Respond to Adverse Reaction

After administration, the infant exhibited signs of an adverse reaction. The medical staff failed to recognize these warning signs, failed to provide timely intervention, and failed to prevent the progression to encephalopathy. Prompt recognition and treatment could have prevented or minimized the brain damage.

4. Inadequate Documentation and Communication

The hospital's records revealed inadequate documentation of screening, informed consent, administration details, and post-vaccine monitoring—evidence of systemic failures in patient safety protocols.

Our Legal Strategy

1Expert Medical Testimony

We assembled a team of nationally recognized experts including pediatricians, pediatric neurologists, and vaccine safety specialists who reviewed all medical records, testified to the departures from the standard of care, and established the causal link between the medical negligence and the infant's catastrophic brain injury.

2Life Care Planning

We retained life care planners and pediatric rehabilitation specialists to document the full extent of the child's future medical, therapeutic, educational, and personal care needs. This comprehensive life care plan calculated the millions of dollars needed to provide appropriate care throughout the child's lifetime—including medical specialists, therapies, adaptive equipment, home modifications, special education, and full-time caregiving.

3Economic Damages Analysis

Forensic economists calculated the present value of all future medical care, lost earning capacity (the child would never be able to work or live independently), and the extraordinary costs associated with lifelong care for someone with severe brain injury. The economic analysis supported a damages claim well in excess of the $3 million settlement.

4Compelling Trial Presentation

During trial, we presented powerful testimony from the parents about the devastating impact on their family, medical experts who explained how the injury could have been prevented, and a day-in-the-life video showing the extraordinary care the child requires. We used medical animations and demonstrative exhibits to help the jury understand the complex medical issues.

5Mid-Trial Settlement Negotiations

As the trial progressed and the strength of our case became evident, the defense recognized the substantial liability exposure. During jury trial, they agreed to settle for $3 million—ensuring the family would have the financial resources to provide their child with the specialized care required for life.

The Outcome