Ernst v. Yassin

By February 7, 2013 March 7th, 2016 cases

Ryan Gavin and Mandy Kamykowski won a defense verdict in March, 2015 on behalf of a pediatrician who cared for an infant during his first week of life. The child was born with a congenital heart defect known as coarctation of the aorta where a segment of the descending aorta was narrowed. This caused reduced blood flow through the aorta but, during the transition from fetal to neonatal circulation, the defect was masked by a temporary vessel that shunted blood from the pulmonary artery to the descending aorta. The defendant physician saw the patient twice during his newborn hospitalization and once in her office when the parents complained that he was feeding poorly and difficult to arouse. At eight days of age the infant went into cardiopulmonary arrest and suffered a severe permanent brain injury. The case was further complicated by the fact that the defendant physician was accused of falsifying her medical records. The plaintiff called nine expert witnesses during a trial that lasted eleven days and asked the jury for nearly $29,000,000. The jury returned a complete defense verdict.