News

SUN SENTINEL, May 24, 1997
Local

"Family awarded $6.7 million in case"

by Nancy San Martin

Tyler Caccamo, 7, almost always wears a helmet. It prevents him from hitting his head when an unexpected seizure strikes.

The Seizures happen a lot. They are one of many side effects from a botched delivery at Fort Lauderdale's Holy Cross Hospital.

Tyler also has weak limbs and suffers from other neurological disorders. And he can't talk.

After a month long trial and a day and a half of deliberations, a six-member Broward County jury found that the hospital, a doctor and a nurse were to blame for Tyler's condition. On Friday, they awarded the Pompano Beach family $6.7 million.

"They injured Tyler terribly," said Scott Schlesinger, the family's attorney. "It's a terrible, sad case about an adorable little boy who is just crippled in a horrible way."

The botched delivery occurred May 17, 1990, when Tyler's mother, Sheila Caccamo, went through induced labor. During birth, Dr. Reynald Poulio requested a set of forceps to help pull out the newborn.

Nurse Violet Bricher handed the doctor the wrong tool. When Pouliot placed it around Tyler's head, the tool slipped, crushing the newborn's soft skull.

Sheila Caccamo said the jury's award was fair.

"Our child has cerebral palsy. He falls frequently. He doesn't see properly," she said. "The only relief this would give us is that our son could get the best possible care there is, that he will be taken care of."

The hospital's attorney, Tom Heath, said there is no dispute about the damage caused to Tyler. However, he said, the hospital should not be liable for the entire award.

The jury meted out the blame this way: Holy Cross was assigned 23 percent, Bricher received 12.5 percent, and Poulio received 64.5 percent.

Though Pouliot was found to be the most negligent, he was not a defendant because he declared bankruptcy before the case went to trial.

Under Florida law, the hospital would have to take responsibility for almost all the payment because it has the most resources. Heath said he will appeal.

Sheldon J. Schlesinger, P.A. represents clients throughout the state of Florida including the cities of Boca Raton, Boynton Beach, Carol City, Cooper City, Coral Gables, Coral Springs, Davie, Deerfield Beach, Delray Beach, Fort Lauderdale, Hialeah, Hollywood, Jupiter, Lake Worth, Miramar, Miami, Oakland Park, Palm Beach, Palm Beach Gardens, Palm Springs, Pompano Beach, and Rivera Beach

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