WALKER V. LCRH

Chevanna Walker, et al. v. Lake Cumberland Regional Hospital, et al.

Pulaski Circuit Court Division II

Civil Action NO. 15-CI-00774

On December 16, 2023, Ellie Davis and Todd Thompson won a defense verdict in favor of Lake Cumberland Regional Hospital in a complex lawsuit alleging wrongful death of a newborn.

The newborn was delivered vaginally with several broken bones after unexpectedly presenting in breech position. Significant resuscitative efforts were immediately undertaken and the newborn was airflighted to UK, but passed away roughly 10 hours after birth. The plaintiffs alleged that the hospital and OB/GYN physician were negligent in proceeding with a breech vaginal delivery. The TMS trial team maintained and proved that the newborn’s delivery was appropriately monitored and handled, but the fractures were due to a genetic defect causing the newborn’s bones to appear ribbon-like and very thin.

The plaintiffs sought $38 million in damages for loss of consortium, pain and suffering, and punitive damages. After an 11-day trial, the jury rejected all of the plaintiffs’ claims and rendered a defense verdict.

The experienced trial team also included Joey Wright, Elizabeth Ousley, and paralegal Charlie Davis.

The case was tried over two weeks before a jury in Pulaski Circuit Court (Somerset, KY) before Special Judge Kaelin Reed.