White Plains, New York, partners Michael Grady and Siobhainin Funchion obtained a defense verdict following a four-week jury trial in the New York Supreme Court, Westchester County, on behalf of their obstetrician client. The plaintiff alleged that the client improperly managed her pregnancy by failing to timely deliver an infant with intrauterine growth restriction (IUGR). In her malpractice claim, the plaintiff maintained that the delay in delivery resulted in placental insufficiency and fetal hypoxia, causing hypotonia, failure to thrive, and permanent physical, cognitive, and developmental impairments. Mike and Siobhan successfully argued that the obstetrician's management of the pregnancy complied with the applicable standard of care. Relying on the American College of Obstetricians and Gynecologists (ACOG) guidelines, they demonstrated that, in cases of isolated IUGR with normal fetal testing, delivery between 38 and 39 weeks is appropriate. The evidence established that the infant was delivered within that recommended timeframe.
 
Working alongside counsel for the co-defendant maternal-fetal medicine physician, Mike and Siobhan further argued that the infant’s condition was attributable to a rare genetic microdeletion that was diagnosed the year following delivery, rather than any alleged delay in delivery. The trial featured testimony from 14 witnesses, including 10 expert witnesses in the fields of obstetrics, maternal-fetal medicine, neonatology, pediatric neurology, genetics, physical medicine/rehabilitation, and economics. During closing arguments, plaintiff’s counsel sought damages ranging from $26 million to $36 million. The jury returned a defense verdict in just 23 minutes.