Thomas Vesper help to secure the third largest verdict in Atlantic County, NJ for a 16 year old boy with hemiplegic cerebral palsy. After a 24-day trial, on July 31, 2024, an Atlantic County Superior Court jury of 4 men and 4 women, presided over by the Hon. Danielle J. Walcoff, handed down a verdict of $37,548,096 to a 16 year old boy with hemiplegic cerebral palsy. The award was broken down as follows:

• (1) $ 3,455,923 for future lost earnings;
• (2) $ 5,481,023 for future life care expenses; and
• (3) $29,021,150 for disability, impairment, loss of enjoyment of life and pain & suffering

Michael Markert was born on June 10, 2008 at Shore Memorial Hospital. Amanda Markert, his mother’s labor and delivery was augmented by the use of Pitocin, a synthetic medication that was known to increase the frequency, duration and intensity of uterine contractions. In fact the Pitocin manufacturer’s product warning cautioned medical professionals, such as OB/GYN doctors and labor and delivery nurses of the dangers of increasing the administration of this drug.

Plaintiff claimed the on-call obstetrician and the two nurses monitoring the mother’s labor and delivery did not properly manage the Pitocin use, causing excessive uterine activity and excessive pressure on the fetal brain causing a stroke on the right side of Michael’s brain. The jury found the doctor and the two nurses to be negligent and 100% responsible for the boy’s injuries – the two nurses were 80%, at fault and doctor 20% at fault for Michael brain damage.