Jomayra Rodriguez Administratrix of the Estate of Adrian Freeman Jr. et al v. Yale New-Haven Health Services Corporation et al
Case Background
The lawsuit was filed on April 12, 2018 by Plaintiffs Omayra Rodriguez, Administratrix of the Estate of Adrian Freeman, Jr., Jomayra Rodriguez and Adrian Freeman in the Connecticut State, Superior Court, New Haven Division (Case number: NNH-CV18-6079678-S) and was presided over by Judge Robert Young. Jomayra Rodriguez, appointed as the administratrix of her deceased son Adrian Freeman Jr.’s estate on October 25, 2017, initiated a wrongful death lawsuit against several prominent medical institutions and professionals.
Injuries
The primary injury in this case was the tragic death of Adrian Freeman Jr., the infant son of Jomayra Rodriguez and Adrian Freeman. This devastating loss occurred allegedly due to medical negligence during Ms. Rodriguez’s pregnancy and care. The injury encompassed not only the loss of life but also the physical and emotional trauma experienced by the mother during the pregnancy and delivery process. The injury also extended to the profound grief suffered by both parents. They endured significant psychological distress due to the loss of their child.
Damages
The plaintiffs, Jomayra Rodriguez and Adrian Freeman, sought substantial damages for the wrongful death of their son, Adrian Freeman Jr. They demanded compensation for the medical expenses incurred during Rodriguez’s pregnancy, delivery, and any subsequent emergency interventions. The couple also claimed reimbursement for funeral and burial costs for their deceased infant. They pursued damages for the loss of future earnings and financial support that Adrian Freeman Jr. might have provided to his family had he survived.
The plaintiffs requested compensation for their emotional distress, pain, and suffering, including the profound grief and psychological trauma resulting from the loss of their child. They sought damages for the loss of companionship and the joy of raising their son, as well as the loss of life’s pleasures they would have shared with him.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s):Jomayra Rodriguez, Administratrix of the Estate of Adrian Freeman, Jr. | Jomayra Rodriguez | Adrian Freeman
- Counsel for Plaintiff: Jeffrey M. Cooper
- Experts for Plaintiff(s): Anthony J. Marino, MD | Hope Taylor, MS, LPC | Dr. Pedro Pablo Arrabal, MD | Dr. Sara H. Garmel, MD | Hope Taylor, MS, LPC | Dr. Francisco J. Diaz, MD
- Defendant(s):Yale-New Haven Health Services Corporation | Yale University | Yale New Haven Hospital, Inc.| Mert Ozan Bahtiyar, MD | Katherine Kohari, MD | Christian M. Pettker, MD | Greater New Haven OB-GYN Group | David M. Lima, MD | Kathleen R. Heim, MD | Marissa Platner, MD | Griffin Health Services Corporation | The Griffin Hospital |Cynthia Ronan, MD
- Counsel for Defendants: Wiggin & Dana LLP | Danaher Lagnese, PC
- Experts for Defendant(s):Jonathan M. Davis, M.D. | John M. Thorp, Jr., M.D. | Sara Oakes Vargas, M.D
Claims
Rodriguez sought prenatal care from various healthcare providers, including Dr. Cynthia M. Ronan, between January 19, 2016, and June 5, 2016. During this period, she received treatment at Griffin Hospital and later at Yale New Haven Hospital. The medical professionals involved in her care included board-certified specialists in obstetrics and gynecology. Despite the involvement of these healthcare providers and institutions, complications arose during Rodriguez’s pregnancy that ultimately led to the death of Adrian Freeman Jr. The plaintiffs alleged that the care provided fell below the accepted standards of medical practice, resulting in inadequate monitoring, incorrect diagnoses, and inappropriate interventions.
They claimed that the healthcare system failed to provide the level of care it had advertised to the public, particularly in the specialties of obstetrics and gynecology. In compliance with Connecticut General Statute Sec. 52-190a, the plaintiffs included a certificate from their counsel stating that reasonable inquiry gave rise to a good faith belief in the grounds for the action. Additionally, they provided a written opinion from a similar healthcare provider attesting to evidence of medical negligence.
Defense
The defendants, including Cynthia Ronan, M.D., Yale New Haven Health Services Corporation, and Greater New Haven OB/GYN Group, P.C., presented a unified front in their responses to the plaintiffs’ complaints. They collectively denied allegations of wrongful death, medical malpractice, and failure to inform or lack of informed consent in the case of Adrian Freeman Jr.’s death on June 19, 2016. Dr. Ronan admitted to providing prenatal care to Jomayra Rodriguez but denied being an employee of Griffin Hospital. She also acknowledged not discussing stillbirth risks. Yale New Haven Health Services Corporation primarily denied the allegations. They only admitted to their status as the parent corporation of Yale New Haven Hospital, Inc. All defendants cited lack of knowledge for numerous claims.
Notably, they raised statute of limitations defenses. They argued that claims added in January 2019 were time-barred. These claims included those related to educating and supervising medical staff and implementing policies. The defendants contended that these claims did not relate back to the original April 2018 complaint. Greater New Haven OB/GYN Group, P.C. further contended that Dr. Lima’s emergency assistance was provided voluntarily and outside his employment scope, potentially shielding the group from liability. The defendants sought to dismiss claims based on these legal defenses. They emphasized the expiration of the two-year limitation period under Connecticut General Statutes § 52-555.
Expert Testimony
Plaintiff retained expert witness Dr. Pedro Pablo Arrabal, a specialist in Obstetrics and Gynecology, and Maternal Fetal Medicine, to testify on the care and treatment of Ms. Rodriguez during her pregnancy ; Dr. Sara H. Garmel, an expert in Obstetrics and Gynecology, and Maternal Fetal Medicine, to provide testimony on Ms. Rodriguez’s prenatal care and treatment at Yale-New Haven Hospital ; Dr. Francisco J. Diaz, a specialist in Anatomic and Forensic Pathology, to testify regarding the cause and classification of the manner of death, and the injuries sustained during the delivery process ; Dr. Anthony J. Marino, MD, an expert in neonatal-perinatal medicine and pediatrics, to testify about the standard of care and causation in the wrongful death case ;Hope Taylor, MS, LPC, a licensed professional counselor, to testify about her evaluation and treatment of Ms. Rodriguez’s mental health following the incident.
Defendant retained expert witness Jonathan M. Davis, M.D. an expert in Neonatal-Perinatal Medicine and Pediatrics ; Dr. John M. Thorp, an expert in Obstetrics & Gynecology and Maternal Fetal Medicine ; Sara Oakes Vargas, M.D as as medical expert.
Jury Verdict
On April 5, 2023, a Connecticut jury rendered the verdict after careful deliberation in Wrongful Death lawsuit. The verdict was partly in favor of the Plaintiff and partly in favor of the Defendant. For the first and second counts, the jury found in favor of plaintiff Jomayra Rodriguez, as Administratrix of the Estate of Adrian Freeman Jr., against defendant Yale University. They awarded damages of $6,500,000.00 to the plaintiff. For the third count, the jury found in favor of defendant Yale University against plaintiff Adrian Freeman.
Court Documents
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