Congratulations to Megan Kures and Tracy Luvisi for obtaining a Jury Verdict on for our client after a two-week trial in Suffolk Superior Court. The allegations in this case involved an alleged delay in the diagnosis and treatment of necrotizing enterocolitis in a premature infant. The plaintiffs alleged that the delay resulted in the need for surgical management that left the infant with short bowel syndrome. In presenting their case, Attorneys Kures and Luvisi were able to demonstrate to the jury that the infant’s presentation was inconsistent with necrotizing enterocolitis in the hours leading up to the diagnosis and that there was nothing that should have prompted our client, a neonatologist, to begin a work-up earlier than she did. While imaging ordered at that time raised a concern for necrotizing enterocolitis, the defense was able to present evidence showing that our client responded promptly to this imaging and began the appropriate treatment. The defense was also able to demonstrate that the evidence did not support a conclusion that earlier diagnosis and treatment would have resulted in medical, rather than surgical management. After deliberations, a jury of 14 returned a verdict for our client on all counts.
