Trial Magazine
President's Page
A Voice for the Most Vulnerable
January 2018This month’s issue of Trial focuses on protecting children—a topic that is especially personal to me for two reasons. First, so many of my clients are children, and their stories always have a lasting impact on me. Second, I am the mother of four daughters.
One of my most memorable clients was a little girl born to undocumented immigrants. Her dad did landscaping work; her mom worked in a canning factory. “Suzy” was delivered without incident, but she had a heart condition that prevented her body from being able to oxygenate her blood. A physician assistant (PA) in the neonatal intensive care unit discovered the condition and alerted the doctor, but the doctor ignored the PA and delayed treatment until it was too late. Suzy suffered a stroke. She survived but had significant disabilities, both physical and cognitive.
Just before trial, I received an email from the defense lawyer, whose team had “discovered” some notes the PA had written that night about the events. It was the proverbial smoking gun. We began the trial, but after two weeks, we settled for an amount that was enough to change Suzy’s life forever.
After the settlement agreement was concluded, I went to the family’s house to sign the final papers. I decided to bring one of my daughters with me to meet them. I wanted her to understand why I had been away so much and why I was so preoccupied with the case. When we arrived, the little girl’s mother pulled my daughter into a giant hug and told her that I was “an angel sent from God” to them. My daughter never again asked me why I do what I do.
Each time I look at my daughters, I am reminded how lucky they have been. Each time I look at a child in need, or a child who has suffered a preventable injury, I see my daughters there as well. I see the threats they could face and what I, as a mother, would want to do to protect them.
I am extremely proud to be both a parent and a trial lawyer. The similarities between the two are abundant. In both roles, you must be a fierce protector and advocate. You have to do everything you can to ensure your child, or your client, has everything he or she needs to succeed in life.
This issue of Trial explores some of the biggest risks facing children today. A few of these, including sports-related concussions (p. 34) and dangerous car seats (p. 40), have been ongoing problems for years that trial lawyers regularly battle. Others, such as cyberbullying (p. 20) and violations of transgender people’s rights (p. 26), involve developing legal areas.
Currently, I am working with the parents of a 4-month-old baby whose death likely resulted from an overdose of Benadryl at an unlicensed day care center. We believe the day care owner regularly gave Benadryl to the children to make them sleep at her convenience. I knew I had to take the case. The day care owner has been arrested, and her criminal case is currently moving through the pretrial process.
As a parent, your job is to protect your kids. As a trial lawyer, your job is to protect everyone else's. That is a reason to be proud.
As a parent, your job is to protect your kids. As a trial lawyer, your job is to protect everyone else’s. That is a reason to be proud.
Kathleen Nastri is an attorney at Koskoff, Koskoff & Bieder in Bridgeport, Conn. She can be reached at kathleen.nastri@justice.org.