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In malpractice case, CT jury awards record $58.6M

Hartford Courant, May 26, 2011

A Norwalk couple was awarded $58.6 million Wednesday, a record for a single incident of medical malpractice in Connecticut, in a case involving an obstetrician accused of waiting too long to perform a cesarean section and a boy who was permanently brain-damaged. The jury at Superior Court in Waterbury sided with Domenic and Cathy D'Attilo, whose son Daniel, now 8, has had severe cerebral palsy since he was born on Feb. 2, 2003. He is fed through a tube, uses a wheelchair, is unable to eat, talk or walk and is incontinent. "When my son was born, he was born not breathing, blue, limp," said Cathy D'Attilo, the mother who sued her obstetrician, Richard Viscarello, MD, and his practice, Stamford-based Maternal-Fetal Care PC. D'Attilo, her husband and son said in their lawsuit that Viscarello did not perform timely incisions to relieve the upper uterine area, delayed the cesarean section, didn't create space for an atraumatic delivery and caused a delay in the delivery that led to permanent brain damage. The defendant's attorney, James Rosenblum of Rosenblum Newfield LLC in Stamford, said he will appeal if Judge Kevin Dubay allows the jury's decision to stand.