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Case Law Update: Expert Testimony Not Needed in Birth Injury Case

Thornton v. Garcini, No. 107028 presented the question as to whether record contained sufficient evidence to support jury’s verdict in favor of plaintiff in action alleging negligent infliction of emotional distress arising out of death to plaintiff’s son during child birth. While defendant argued that expert witness testimony was necessary to prove instant claim, Appellate Court found that, unlike medical malpractice claims, expert testimony was not necessary to establish severity of plaintiff’s emotional distress. This third district decision will have a great impact on birth injury decisions.