Trial Magazine

Vonshelle Brothers received prenatal care, including a Pap smear, at the ­Brevard County Health Department in Florida. A cytopathologist allegedly interpreted the Pap smear as having ­cellular changes consistent with the ­herpes simplex virus; however, a health department nurse reported the test as normal. Brothers’s obstetrician did not look at the actual test, and Brothers was not apprised of the cytopathologist’s findings.

About seven months later, Brothers delivered her baby vaginally. Two weeks later, the child was diagnosed with herpetic meningoencephalitis, which led to profound brain damage. Now six, she has developmental delays, speech and vision problems, and difficulty walking.

Brothers sued the health department, alleging its employees failed to diagnose the herpes simplex virus and prevent Brothers from transmitting the virus to her child by performing a cesarean section, among other things. The parties settled before trial for $3.2 million.

Citation: Brothers v. Brevard Cnty. Health Dept., No. 05-2012-CA-060915 (Fla. Cir. Ct. Brevard Cnty. June 27, 2016).

Plaintiff counsel: AAJ members Ronald S. Gilbert and Jonathan T. Gilbert, both of Orlando, Fla.

Plaintiff experts: Daniel Adler, pediatric neurology, Englewood; Paul Deutsch, vocational rehabilitation, and Frederick Raffa, economics, both of Orlando; Sharon Hall, nursing, Punta Gorda, Fla.; Berto Lopez, obstetrics, West Palm Beach, Fla.; and Frederick Gonzalez, maternal fetal medicine, New York City.

Defense experts: Carl Barr, pediatric neurology, Englewood; Gerri Pennachio, vocational rehabilitation, Oviedo, Fla.; Keith Van Dyke, obstetrics, West Palm Beach; Richard Crouse, economics, Altamonte Springs, Fla.; and David Colombo, maternal fetal medicine, Grand Rapids, Mich.