Cullan & Cullan Achieves Record-High Medical Malpractice Verdict, Weighing in at $26.1M

Our team of doctor-lawyers is very proud to announce that we have set another record, this time through the recovery of $26.1 million for a family injured by medical malpractice at Children’s Hospital & Medical Center in Omaha, Nebraska, as reported by AP News.

The malpractice at the center of this case was the early discharge of a five-year-old child from the hospital. She had been admitted for treatment after accidentally falling off a toy at daycare. Within two days of being sent home, the child experienced seizures, suffered brain trauma, and sustained lifelong injuries. She was left blind and in need of a wheelchair, as well as lost her ability to communicate.

To make it worse, staff at Children’s Hospital suggested that the fall was not an accident. There was, in fact, absolutely no evidence that pointed to physical abuse. Still, hospital staff suggested to the parents that they or the babysitter had physically abused the child, thereby causing the fall.

Brothers who are Doctor-Lawyers, Joe Cullan and Pat Cullan, represented the family in their civil case highlighted how “there was absolutely no evidence” to support an abuse case. As AP News wrote, he proved that the child had accidentally fallen while standing on a toy—and in no uncertain terms.

The babysitter had been cited by county authorities, only for the criminal case to be dismissed.

On November 29, 2021, the jury found Children’s Hospital had committed medical malpractice and, thus, awarded the child $21.5 million in compensatory damages. It further awarded her parents $4.6 million. Altogether, the jury award amounts to $26.1 million for the plaintiffs.

According to AP News, it is likely that Children’s Hospital will attempt to convince a judge to impose the state’s cap of $2.25 million on the case. This will hardly cover the lifetime of medical expenses and damages the child has incurred—a fact that Pat and Joe fully intend to use to ask the judge to declare the cap unconstitutional.

At Cullan & Cullan, we fight for injured individuals across the nation. Whether negligence has injured you in Phoenix, in Omaha, or even in Kansas City, we are here to advocate for your rights. With advanced medical and law degrees, decades of experience, and proven trial strategies, we work to put the advantage on our clients’ side of the court.

Learn more in our Press Release.

Contact Cullan & Cullan onlineor at (602) 900-9483 for a free consultation.