Miami Medical Malpractice Attorneys Win $33.8 million in Traumatic Brain Injury Case

Mallard & Sharp successfully represent family of infant disabled
during delivery

MIAMI–(BUSINESS WIRE)–Medical malpractice attorneys for the law firm of Mallard & Sharp, P.A.
recently celebrated a bittersweet victory, receiving a $33.8
million verdict
on behalf of a brain damaged baby. The Court held
that the catastrophic brain injury was caused by Dr. Ata Atogho’s
failure to order an emergency C-section and the continued administration
of the contraindicated delivery drug Pitocin. The Court also found that
Dr. Atogho’s failure to offer and perform a C-section was gross
negligence and caused the brain injury that resulted in baby Earl
Reese-Thornton requiring 24-hour care for the remainder of his life. Dr.
Atogho was employed by the federally funded Jessie Trice Community
Health Center, placing the case under the Federal Tort Claims Act.

During the 90 minutes that baby Earl was in an emergent condition, Dr.
Atogho delivered another baby and took an 8 minute call from his stock
broker. Dr. Atogho created a false entry in the medical chart stating
that the mother declined a C-section, but evidence from other witnesses
proved that Dr. Atogho never offered the C-section and that a C-section
was requested.

“This is a tragic case,” said attorney Vidian Mallard of Mallard &
Sharp. “While it is impossible to change what has occurred to this
family, it is satisfying that baby Earl’s medical and financial needs
will be met for the rest of his life. The Court’s verdict clearly states
that Dr. Atogho’s negligence caused baby Earl’s injury, but the U.S.
Government has not accepted responsibility and has threatened an appeal.
Meanwhile, baby Earl continues to suffer without getting all the care he
so desperately needs.”

In his order, U.S. District Judge Robert Scola wrote: “the Court cannot
imagine a more devastating turn of events for parents expecting the
birth of their first child… At the anticipated, joyful moment of birth
of a crying, bouncing baby, they are instead presented with the dreadful
specter of a blue, floppy, lifeless child.”

The Florida personal injury law firm of Mallard & Sharp, P.A. is AV
Rated and dedicated to providing the best possible results for all its
clients. The judge’s order is available for download
or at

John P. David, 888-859-6637