Neinstein obtains Court of Appeal win for severely disabled London teen in obstetrical medical malpractice case

Full Story: The Farej family are Eritrean immigrants who settled in London, Ontario. In 2007, they welcomed their daughter Sabrin — their third child. Due to an obstetrician’s mistake, her delivery took a tragic turn, where her mother suffered a uterine rupture that nearly claimed both of their lives. Sabrin was deprived of oxygenated blood, and was subsequently born with severe disabilities that have left her nonverbal and requiring 24-hour care.

In 2016, Neinstein took over the family’s case, which went to trial in May 2019. After a prolonged deliberation period, the court issued a disappointing ruling in July 2020, finding against the Farej family on standard of care and causation, while assessing damages estimated at $25 million.

Refusing to accept this outcome, Neinstein appealed the trial decision for the Farej family. In 2021, the Court of Appeal recognized the trial judge’s errors and ordered an entire new trial. The litigation was ultimately resolved.

Sabrin’s eldest brother has since established himself as a cardiac nurse at London Health Science Centre — a fitting tribute to the family’s resilience.

https://www.canlii.org/en/on/onca/doc/2022/2022onca342/2022onca342.html