Source: Sentinel
A $2.27 million verdict handed down in a medical malpractice lawsuit Friday may be the largest verdict ever awarded by a Cumberland County jury in a personal injury matter, according to the plaintiff’s attorney. “Cumberland County is notoriously a difficult county to bring a medical malpractice case in,” said Daniel Weinstock, who with attorney Carolyn Chopko represented Carlisle residents Gerard and Linda Boullianne in a case concerning the birth and death of their son, Christian. “I think this case sort of demonstrates that if the case is clear enough, a medical malpractice case can be won in any venue.”

Weinstock said he talked to court personnel who said they thought the verdict was the largest of its kind ever awarded in the county. The Sentinel has not been able to confirm whether that is the case. The lawsuit was filed in 2002. According to the plaintiff’s pre-trial memorandum, Christian Boullianne was born at Carlisle Hospital on Jan. 26, 1999, with severe brain damage and spastic cerebral palsy. He was delivered by nurse midwife Pamela Kozick of the former Women’s Health Associates of Carlisle.

The plaintiffs said that Christian’s condition was caused by Kozick’s negligent failure to recognize obvious signs of fetal distress during labor. On Friday the jury agreed, handing in a verdict that found Kozick negligent and a substantial factor in bringing about harm to Christian. It awarded the Boulliannes $273,471.61 under the Wrongful Death Act and $2 million under the Survival Act.