King County was one of the most proactive venues for migrating to the Zoom platform for Court hearings. For trials, that means every phase is on Zoom: voir dire, openings, witnesses, side bars, motions, jury deliberations, etc. This, obviously, meant lawyers had to dramatically adjust how to present a case. For CMG Law’s most recent case, voir dire started May 3, and Judge Johanna Bender read the jury’s verdict for the plaintiffs six weeks later, on June 11. The case was tried by partner Tyler Goldberg-Hoss, associate Carl-Erich Kruse, and Tony Russo of Russo & Graham. CMG Law is pleased to announce that this is one of the first (if not THE first) all-Zoom trial medical malpractice verdicts in the country.
The case was on behalf of a now 6 year old boy, GCD, and his parents. He and his identical twin brother were delivered at 34 weeks via planned C-section. Both showed signs and symptoms of respiratory distress syndrome, so both of them were intubated to administer surfactant. The intubation of GCD resulted in an avulsed vocal cord and other airway trauma. He was transferred to Seattle Children’s Hospital where he spent the next 21 months with a tracheostomy until his airway could be surgically reconstructed. During that time he needed around-the-clock nursing care, and had a number of surgical procedures.
Although we had no direct evidence of negligence, our experts testified that the injuries were likely the result of the treating nurse-practitioner pushing the endotracheal tube with stylet through resistance. The experts testified that no other explanation was reasonable. The defense position, presented through the treating nurse practitioner, attending neonatologist, and standard of care testimony from three expert witnesses, was that the intubation was done properly, and that injuries can happen during neonatal intubation without negligence.
While at Seattle Children’s Hospital, GCD underwent thirteen subsequent procedures requiring general anesthesia. Although visited by his family on a regular basis, he was deprived of normal stimulation and brain development during his extended hospitalization. Our pediatric neurologist expert testified that GCD’s learning and developmental deficits were likely permanent. Defendants’ experts agreed he has some deficits at this time, but that with treatment and therapy, they would gradually improve.
The jury found the UWMC negligent, and compensated GCD $4,044,287 for past and future damages, and $1,000,000 to each of his parents.
As for the trial itself, all parties maintained decorum as if we were in the Courtroom – in fact, the judge was on the bench in her robes, looking over the courtroom, though before here were screens full of jurors, lawyers, and witnesses. There was no “all rise” announcement by the bailiff – Judge Bender simply toggled her camera back on and everyone else quickly did the same. It was a little strange to do an entire trial with not being on our feet for anything.
Our clients could not have been nicer people, and are passionate advocates for their sons. It took six years to get to this point, a near-eternity for our clients, who are nonetheless grateful for the validation from the jury for their case. GCD will now have available to him access to many of the therapies he can use to maximize his recovery.
