$11.5 Million Decision Upheld as Court of Appeal dismisses Obstetrician’s Appeal

On April 12, 2019, a jury in Kitchener, Ontario found Dr. Jackiewicz liable for the negligent management of a twin pregnancy after a three-week medical malpractice jury trial. This resulted in one twin (“Kelsey”) developing cerebral palsy and quadriplegia following a premature birth. Will Davidson LLP Partner Paul Cahill represented the family in the lawsuit, with the damages being settled at $11.5 million.

The defendant physician appealed the jury verdict and attempted to persuade the Court of Appeal that he should not be legally responsible for this catastrophic outcome. The doctor argued that there were critical “gaps in the evidence” and that he did not receive a fair trial.

Today on July 13, 2020, the Court of Appeal dismissed his appeal and found that Dr. Jackiewicz did receive a fair trial and there were no evidentiary gaps that would permit him to avoid responsibility for his medical malpractice.

“I am so happy for my clients, who have effectively had to endure a second round of difficult litigation after winning at trial over a year ago,” Cahill said once he read the decision. “I am also thankful to everyone at Will Davidson LLP for their ongoing support throughout, and in particular, my partner, Christopher Morrison, who took the lead on the appeal. He is an excellent appellate advocate who I would recommend to anyone facing a complicated appeal.”

If you or a member of your family have been a victim of medical malpractice, contact Will Davidson LLP today to schedule a free, no-obligation consultation. Our experienced team of medical malpractice lawyers will happily review your case and provide guidance and advice as you proceed with your claim.


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