(19) JN & CG, as parents and legal guardians of DN and DN; and JN (mother) and CG (father), individually vs. CHARLES EUGENE COX, M.D. (consolidated cases)

COUNTY/DOCKET #/JUDGE: Lee / 03-1698-CA; 03-1699-CA / Lynn Gerald

PLAINTIFF(S) ATTORNEY(S): Philip Freidin and Randy Rosenblum of Freidin Dobrinsky, P.A., Miami; Mark Poses of Poses & Poses, P.A., Miami

DEFENDANT(S) ATTORNEY(S): David P. Dittmar and Patricia I. Murray of Restani, Dittmar & Hauser, P.A., Coral Gables

AGE/SEX/OCCUPATION OF PLAINTIFF: DN: Infant / M / n/a; DN: Infant / M / n/a

CAUSE OF INJURY: Medical Negligence/Failure to Properly Diagnose Retinopathy of Prematurity. Minor Plaintiffs DN and DN, twin boys, were born prematurely on November 3, 2000, in Ft. Myers. They developed a condition in their eyes common to premature infants known as retinopathy of prematurity (ROP). Defendant was the ophthalmologist who screened the boys’ eyes for this condition. Plaintiffs alleged that Defendant failed to properly screen and diagnose this condition. Both DN and DN developed severe ROP which led to retinal detachments and permanent blindness. Defendant denied liability, and claimed that Plaintiff JN was comparatively negligent by failing to timely bring the boys for their screening appointments.

NATURE OF INJURY: Retinopathy of prematurity; retinal detachment; permanent blindness. Dr. Murray operated on the boys to try to reattach their detached retinas.

EXPERT WITNESSES:
PLAINTIFF’S:
Andrew A. Dahl, M.D., Ophthalmology, Poughkeepsie, NY
Timothy G. Murray, M.D., Ophthalmology, Miami
Antonio Capone, Jr., M.D., Ophthalmology/Retinal Diseases, Royal Oak, MI

DEFENDANT’S:
Charles C. Barr, M.D., Ophthalmology/Retinal Diseases, Louisville, KY
Richard A. Saunders, M.D., Ophthalmology, Charleston, SC
Mark S. Dorfman, M.D., Pediatric Ophthalmology, Hollywood

VERDICT: $38,000,000 for Plaintiffs on April 17, 2008 ($16,500,000 for each boy: $6,500,000 - lost earning capacity/life care needs; $10,000,000 - pain and suffering; $3,000,000 for mother: $1,500,000 loss of consortium as to each boy; $2,000,000 for father: $1,000,000 loss of consortium as to each boy).

EDITOR’S NOTE: This was a fourteen day trial. The jury was composed of four females and two males. The jury deliberated for approximately one hour and forty-five minutes.