Kieran Murphy, Katie Bertram, and Jacqueline "Jacki" Harclerode
Medical Illustrations Help Secure $14 Million Verdict in Birth Injury Malpractice Case
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Illustration
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Medical Illustration
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Birth Injury
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Legal
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Case Study
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When the mother presented with cervical insufficiency, her providers failed to offer a cerclage, a procedure that could have kept her cervix closed and prolonged the pregnancy. That failure was compounded during delivery, when she was not given antibiotics to prevent group B streptococcal (GBS) transmission to her baby. The child was born extremely premature, developed GBS sepsis, and suffered brain injuries shortly after birth.
Challenge
The defense argued that the care provided was reasonable and that the child's brain injuries were caused by fetal inflammatory response syndrome (FIRS) in utero, not by his extreme prematurity and GBS sepsis. To counter this, Kieran Murphy, Katie Bertram, and Jacqueline Harclerode of from Washington, DC law firm Bertram & Murphy, needed to help jurors understand two things: how a cerclage works and why it should have been offered, and why extremely premature infants are so vulnerable to brain injury, especially when sepsis is involved. Both concepts are anatomically complex and unfamiliar to most jurors, making clear visual explanation essential to establishing causation.
Approach
The team at MediVisuals + High Impact created medical malpractice trial exhibits that walked the jury through the standard of care and the chain of events that followed. Illustrations showed exactly how and where a cerclage is placed to keep the cervix closed and extend a pregnancy, making the missed intervention concrete. Additional visuals explained how and why extreme preemies are especially susceptible to intraventricular hemorrhage due to the fragility of their developing brains, and how the onset of GBS sepsis heightens that risk. Together, the exhibits gave jurors a clear, science-based alternative to the defense's FIRS theory.
Medical Illustration showing normal anatomy of the fetal brain and ventricular system.
Medical illustration showing the flow of cerebrospinal fluid.
Medical illustration detailing cervical funneling.
Medical illustration shows the placement of a cerclage to keep the cervix closed and prolong the pregnancy.
Custom medical illustration showing bilateral intraventricular hemorrhaging.
Result
After trial, the jury returned a $14,000,000 verdict, compensating the child for future medical expenses, future lost earnings, and pain and emotional distress.
“The visuals created by MediVisuals + High Impact played a huge role in our visual presentation to the jury. The illustrations incorporated real imaging of both the maternal uterine structures and the child's preventable brain injuries. The custom illustrations were made to the exact specifications needed for this case, and helped convey the truth in a visual way that testimony and argument would not have conveyed on their own.”
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