Page 24 - CLT122820

24 ¦ DECEMBER 28, 2020 VERDICTS & SETTLE MENTS

$2 Million Med-Mal Case Hinged on a
Confidentiality Agreement

By Robert Storace

R Two-year-old Madelyn Trotter. Courtesy photo
ealizing that most medical malpractice cases Reardon said it was clear the facility made a major
include a confidentiality agreement and that mistake in telling Trotter that a screening test for the
the medical staff at OB-GYN Services Inc. disease was going to be made on her behalf when, in
in Norwich was pushing for such an agreement, fact, it never was. As it turned out, there were prob-
plaintiffs counsel Kelly Reardon and her clients nev- lems with a new electronic medical system that was
ertheless were adamant in their response: Nix the to blame for the nontest.
confidentiality agreement or we’ll see you at trial. Trotter asked for OB-GYN Services to have the
Plaintiff Elizabeth Trotter sued the facility soon tests done when she was pregnant with her first
after her daughter, now 25 months old, was born child, who was delivered healthy in January 2017.
with cystic fibrosis, a progressive, genetic disease Reardon said her client would never have be-
that causes persistent lung infections, and limits the come pregnant a second time if she knew she was
ability to breathe. a carrier of the gene. Her second child, Madelyn,

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