Four years passed between the young child’s tragic delayed cesarean section delivery following umbilical cord prolapse. In the intervening years, the parents’ worst fear – diagnosed severe cerebral palsy – was pronounced, then confirmed. The child’s life was shattered. The parents’ lives changed forever.
Domina Law Group pc llo and Dave Domina were located a long way – several states – away from the rural hospital where the delivery occurred. But the parents wanted Domina to handle the case.
Expert witnesses were lined up from each coast. Extensive discovery occurred. Complex motion practice occurred, including involved and extended hearings.
Mediation was not successful despite efforts of a highly-skilled mediator.
It took a jury to resolve the case. But it did not take a verdict. Confidential settlement terms were reached. But voir dire was completed, and Domina’s compelling opening statement, supported with graphic descriptions of the sequence of events during the birthing process, was presented to the jury. During most of it, Domina spoke from his knees as he attended to his own words, and combining them with visual aspects of the presentation.
The child’s mother’s gripping testimony – described by observers in the courtroom as “far more riveting than television drama”—preceded settlement of the case.
Even if it does not take a verdict, oftentimes it takes a jury.