It was March 2, 2011 when a mother was admitted to Delaware County Memorial Hospital to deliver her twins. Doctors induced labor, took the woman into the deliver room and began birthing the twins, but something went wrong. Now the Pennsylvania birth injury lawsuit that was filed on behalf of one of these twins has finally ended, but no one was expecting this result.
A PENNSYLVANIA BIRTH INJURY LAWSUIT END WITH A RECORD VERDICT
In most medical malpractice cases filed in Delaware County, Pennsylvania, juries often side with the doctors defending themselves. From 2000 to 2016, 86 percent of medical malpractice cases were won by the defense when the trial ended in a verdict. In that same time period, only one case exceeded a $10 million verdict. So, when this little girl’s birth injury case ended in a $40.26 million verdict, many were shocked.
In this case, evidence mounted up against Delaware County Memorial Hospital. The pregnancy was determined to be high-risk early on, yet when the mother was admitted both babies appeared healthy. The mother claimed doctors told her the babies would be delivered via cesarean section (C-section). Yet, when in the delivery room, the attending physician performed a vaginal birthing. The first baby was delivered normally, however, the second baby was in a foot breach position. In most cases of foot breach position, the baby would be delivered via C-section, but the doctor continued with the vaginal birth.
During the procedure, a loud pop was heard. Later the baby was transferred to Children’s Hospital of Philadelphia where an MRI led doctors to conclude the baby had suffered “significant birth trauma”. By February 2013, the family of the child who suffered this injury had filed a lawsuit. It claimed that the doctor in charge of the delivery was inexperienced, didn’t take proper measures to protect the baby’s head and neck, and that the doctor used excessive force during the delivery.
Despite the hospital’s defense that the injury must have been suffered in utero, medical records and testimony provided by the plaintiffs had a big influence on the jury. This shows why it is so important to gather the right records when dealing with a case of medical malpractice. Getting experienced representation for such a case could make all the difference for families hurt by the negligence of a medical professional.