On May 25, a Connecticut couple was awarded $58.6 million in a medical malpractice suit, the most ever recorded for such a case in Connecticut. The jury at Waterbury Superior Court sided with Domenic and Cathy D’Attilo from Norwalk in their suit against Dr. Richard Viscarello and his medical practice in Stanford, Maternal-Fetal Care PC.

The D’Attilos claim that during his birth their son suffered permanent brain damage because Dr. Viscarello, the obstetrician, waited too long to perform a cesarean section.

Daniel D’Attilo was born in 2003 with severe cerebral palsy and is nonverbal, confined to a wheelchair and is fed through a tube. Cathy D’Attilo remembers that her son “was born not breathing, blue, limp. He had seizures; he was on a ventilator. So, we knew something terrible had happened.”

The medical malpractice lawsuit alleges that Dr. Viscarello delayed in delivering Daniel by C-section and failed to perform the procedure properly, cutting off the oxygen going to Daniel’s brain.

The settlement of just over $58 includes $8 million for all past and future medical bills and $50 million for pain and suffering. Since his birth Daniel has needed around the clock care.

“The dollar amount means he will be taken care of, that’s what this means to us,” said Cathy D’Attilo. The family’s home is currently being foreclosed on due to overwhelming medical bills.

Dr. Viscarello’s defense attorneys have announced their intent to appeal the verdict. Some medical professionals are concerned that jury decisions like these will cause more doctors to avoid risky, difficult cases.


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