Verdict (P) $38,000,000
Case Jennifer Norris and Christopher Grieff, as parents and legal guardians of Dylan Norris and Damyn Norris, and Jennifer Morris (mother) and Christopher (father) individually, v. Charles Eugene Cox, M.D., No. 03-1698-CA; 03-1699-CA
Court Lee County Circuit Court, 20th
Judge Lynn Gerald
Date 4/17/2008
Plaintiff Attorney(s)
Philip Freidin (co-lead), Freidin Dobrinsky, P.A., Miami, FL (Christopher Grieff, Damyn Norris, Dylan Norris, Jennifer Norris)
Randy Rosenblum (co-lead), Freidin Dobrinsky, P.A., Fort Lauderdale, FL (Christopher Grieff, Damyn Norris, Dylan Norris, Jennifer Norris)
Mark Poses, Poses & Poses, P.A., Miami, FL (Christopher Grieff, Damyn Norris, Dylan Norris, Jennifer Norris)
Defense Attorney(s)
David P. Dittmar (co-lead), Restani, Dittmar & Hauser, P.A., Miami, FL
Patricia Inez Murray (co-lead), Restani, Dittmar & Hauser, P.A., Miami, FL
Facts & Allegations
Plaintiffs Dylan and Damyn Norris, twin boys, were born prematurely on Nov. 3, 2000. They developed a condition in their eyes common to premature infants known as retinopathy of prematurity (ROP). Dr. Charles Cox was the ophthalmologist who screened their eyes for this condition. They developed severe ROP, which led to retinal detachments and permanent blindness in both sets of eyes.
The parents sued Cox for medical malpractice, claiming Cox failed to properly screen and timely diagnose their eye condition.
According to plaintiffs' counsel, the condition cannot be seen without using a magnifying lens and dilating the pupils of the eyes. Only a trained physician can screen for the condition. There are no signs of the condition that would be visible to a layperson until blindness occurs.
Plaintiffs' counsel maintained that Cox noted that one of the twins had Stage I ROP on Jan. 2, 2001, when he was seen in the neonatal intensive care unit. Plaintiff's counsel argued that Cox saw the infants at his office on Jan. 10, and said that neither had ROP. On Jan. 29, he saw both of the infants in his office and diagnosed ROP, which was confirmed by a retinologist. However, he failed to catch the condition until it was too late.
Cox denied liability and claimed that the mother was to blame. Cox contended that she failed to timely bring the boys to his office for a screening appointment that was to follow the Jan. 10 appointment. Cox claimed that at the Jan. 10 visit the parents were instructed by his staff to bring the boys in within two weeks. However, plaintiff's counsel noted that his office gave them an appointment date of Jan. 29. Defense counsel maintained that the reason the parents did not report to the office within two weeks must have been due to their own scheduling conflicts.
According to plaintiffs' counsel, there was no evidence of any such conflict.
Injuries/Damages
blindness, total; blindness, total
The two infants suffered from undetected ROP, which ultimately led to total permanent blindness in both sets of eyes. The plaintiffs' ophthalmology expert testified that at the time Cox saw the twins on Jan. 10, 2001, the disease's advancement must have been severe. Had he detected the condition, he could have referred the boys for laser treatment. The treatment has a favorable anatomic and visual outcome with success rates of approximately 85 percent to 90 percent.
The parents sought economic damages for life-care planning, future lost earning capacity and schooling. The estimated cost of attending the Perkins School for the Blind in Massachusetts is more than $100,000 per child per year. The parents also sought damages for loss of enjoyment of life for the twins.
Result
Jurors rendered a verdict in favor of the plaintiffs, awarding damages in the amount of $38 million.
Plaintiff(s)
Christopher Grieff
$2,000,000 loss of companionship
$2,000,000 plaintiff's total award
Christopher Grieff and Jennifer Norris
$3,000,000 medical expenses
$3,000,000 plaintiff's total award
Damyn Norris
$1,000,000 past pain and suffering
$9,000,000 future pain and suffering
$5,000,000 future economic expenses
$15,000,000 plaintiff's total award
Dylan Norris
$1,000,000 past pain and suffering
$9,000,000 future pain and suffering
$5,000,000 future economic expenses
$15,000,000 plaintiff's total award
Jennifer Norris
$3,000,000 loss of companionship
$3,000,000 plaintiff's total award
Demand
None reported
Offer
None reported
Insurer(s)
None reported
Trial Details
Trial Length: 3 Weeks
Jury Deliberations: 1.75 Hours
Jury Poll: None reported
Jury Composition: None reported
Plaintiff Expert(s)
None reported
Defense Expert(s)
None reported
Post-Trial
Defense counsel moved for JNOV as well as remittitur. Those motions are pending.
Editor's Note
This report is based on information that was provided by plaintiffs' counsel. Defense counsel did not respond to the reporter's phone calls.
Plaintiff(s) Demographics
Christopher Grieff
Age: None reported
Occupation: None reported
Gender: Male
Married: None reported
Children: None reported
Children Description: None reported
Christopher Grieff and Jennifer Norris
Age: None reported
Occupation: None reported
Gender: None reported
Married: None reported
Children: None reported
Children Description: None reported
Damyn Norris
Age: 2 Months Occupation: None reported
Gender: Male
Married: None reported
Children: None reported
Children Description: injured party
Dylan Norris
Age: 2 Months
Occupation: None reported
Gender: Male
Married: None reported
Children: None reported
Children Description: injured party
Jennifer Norris
Age: None reported
Occupation: None reported
Gender: None reported
Married: None reported
Children: None reported
Children Description: None reported
Written By Shannon Green
