Personal Injury Attorney Michael A. Kelly, of Walkup, Melodia, Kelly & Schoenberger, Obtains Largest Birth Injury Verdict in Minnesota History
Kelly, of Walkup, Melodia, Kelly & Schoenberger, Wins $23.2 Million for Infant Plaintiff in Medical Malpractice Case

SAN FRANCISCO, CA, February 25, 2010 /24-7PressRelease/ -- Michael A. Kelly, a personal injury attorney with Walkup, Melodia, Kelly & Schoenberger, traveled across the country to provide representation in a Minnesota medical malpractice case that ended with the largest birth injury verdict in state history. On February 11, the plaintiff received a $23.3 million verdict, which set Minnesota records and joined the top reported birth injury rulings across the nation. In trying the case, Kelly worked with Minnesota lawyers Edward Matonich and Julie Matonich, of Matonich and Persson.

The lawsuit centered upon the injuries of Kylie Rogers, a two-year-old who suffers from spastic quadriplegia, cerebral palsy, visual impairment, seizures and neurological problems as a result of negligence during her birth. The child's mother filed suit after the attending doctor and nurses failed to recognize signs of fetal distress and administered extremely high doses of birth-inducing chemicals. In alleging medical malpractice, the mother claimed that the attending hospital staff should have recognized the futility of a vaginal birth and ordered an emergency C-section, thus avoiding the complications that ultimately led to Kylie's present condition.

Kelly's successful cross-examination of multiple defense medical experts helped to demonstrate that Kylie Rogers' birth injuries were preventable, and that the managing physician ( a Family Medicine specialist as opposed to an Obstetrician) as well as the local hospital's nurses, fell below accepted standards of care. In its verdict, the jury of six men and two women awarded the child $1.7 million for past health care expenses; $10 million for future health care expenses; $1 million for past and future pain, disability and emotional distress; $10 million for future pain disability and emotional distress; and $1.5 million for loss of earning capacity.

Kelly was quoted after the verdict commending the hard work and independence of the jurors and the fair and effective administration of the trial by the trial judge.

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