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Cullan & Cullan Sets State Record with $26.1M Medical Malpractice Jury Award

Cullan & Cullan is proud to announce that our doctor-lawyers,  have recovered $26.1 million in a record-setting jury award for a Sarpy County family, holding Children’s Hospital & Medical Center in Omaha accountable for lifelong injuries sustained by a five-year-old child.

The $26.1 million jury award came November 29, 2021 after a hard-fought legal battle. It surpassed Nebraska’s previous record-high medical malpractice case by nearly $10 million, according to AP News.

About the Case

The case centers around a child who suffered brain trauma after she accidentally fell while standing on a toy at daycare. Just two days after she was discharged from the hospital, the five-year-old child experienced severe seizures and suffered irreversible brain damage. She was left blind, in a wheelchair, and unable to communicate.

Attorneys Dr. Pat Cullan and Dr. Joe Cullan were honored to represent the child and her parents in their case against Children’s Hospital. As medical doctors themselves, Pat and Joe understand medical malpractice cases from the inside out. They also know the delicacy with which these sensitive cases must be approached, including by the hospital itself. Thus, they each took issue with how Children’s Hospital suggested to the parents that the child’s accidental fall may have been rooted in abuse by either the babysitter or the parents themselves.

As reported by AP News, Dr. Joe Cullan stated the jury held that “there was absolutely no evidence” of child abuse of any kind. All evidence showed that she had accidentally fallen while standing on a toy. His assertion echoed the findings of Sarpy County authorities, which had initially cited the babysitter but then dismissed the case.

The Verdict

On Monday, November 29, the jury agreed with the plaintiffs and their attorneys, awarding the child $21.5 million in compensation for medical care and damages. In addition, the jury awarded $4.6 million to her parents. The total amounts to $26.1 million to compensate the family for the hospital’s medical negligence.

Per AP News, Children’s Hospital may request that the state’s $2.25 million cap for medical malpractice verdicts be imposed on the case. However, Pat and Joe plan to fight this cap, tooth and nail. A lifetime of medical bills easily exceeds the $2.25 million cap. They will, therefore, argue that the judge should declare the cap unconstitutional.

Read more in our Press Release.

Doctors Practicing Law

At Cullan & Cullan, our award-winning attorneys who are also doctors have represented victims of negligence for over four decades of experience. We are proud to use our advanced degrees in law, medicine, engineering, and anatomy to give our clients the upper hand. Our practical knowledge and experience have resulted in numerous record-breaking case results.

Call Cullan & Cullan at (402) 882-7080 today. We accept cases throughout the state of Nebraska, as well as nationwide.


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