$19.3M Pennsylvania Birth Injury Medical Malpractice Settlement

162017_132140396847214_292624_nIn December 2016, a Pennsylvania court approved a $19.3 million birth injury medical malpractice settlement that involved the alleged negligent delivery of a baby on December 13, 2012 at Moses Taylor Hospital in Scranton, Pennsylvania, that left the child with a profound and permanent brain injury that causes her to be unable to walk, talk, or feed herself.

The parents alleged in their Pennsylvania birth injury lawsuit that was filed in 2014 that the defendant health care providers negligently failed to properly manage the mother’s placental abruption and that the defendant obstetrician negligently failed to timely deliver the baby, resulting in the newborn’s catastrophic hypoxic brain injury.

The Alleged Underlying Facts

On December 13, 2012, the 31-year-old woman was transported to the defendant hospital’s emergency room when she was 34 weeks and three days pregnant and in severe distress. She was admitted to the defendant hospital’s labor and delivery unit. However, it was not until one hour and twenty four minutes after her arrival at the hospital that her baby was delivered by Cesarean section despite signs and symptoms of placental abruption that required an earlier, emergency delivery, according to the plaintiffs’ birth injury lawsuit.

The plaintiffs alleged that the defendant OB breached the standard of care by failing to perform the Cesarean delivery for about one hour despite symptoms consistent with a placental abruption in a pregnant woman over 34 weeks gestational age.

A transabdominal ultrasound identified the placental abruption forty-two minutes after the pregnant woman arrived at the hospital. Despite the finding, an emergency Cesarean delivery was not performed for at least forty minutes, which the plaintiffs alleged was a breach of the standard of care leading to their daughter’s catastrophic injuries.

At the time of her birth, the newborn was profoundly hypoxic, apneic, and asystolic, was unresponsive to positive pressure ventilation and/or intubation, and was without a detectable heart beat for approximately twenty minutes, according to the defendant hospital’s medical records. The newborn’s APGAR score was zero at one minute, zero at 5 minutes, zero at 10 minutes, and five at fifteen minutes. The newborn required intravenous epinephrine before her heart beat was detectable at about twelve minutes after delivery.

As a result, the mother experienced an extended stay at the defendant hospital until December 19, 2012, and the baby was not discharged from the hospital’s NICU until January 1, 2013, due to the defendants’ alleged medical negligence before and during the delivery.

The parents Pennsylvania birth injury medical malpractice lawsuit alleged that as a result of the defendants’ medical negligence, their child suffered cerebral palsy, severe global hypoxic-ischemic brain injury, severe diffuse cerebral edema, severe neurologic deficits, increased risk of uterine hypoxia, intrauterine hypoxia, oxygen deprivation, fetal distress, fetal bradycardia, non-reassuring fetal heart rates, absent variability fetal heart rates, minimal variability fetal heart rates, hypoxia, ischemia, cortical visual impairment, respiratory acidosis, respiratory distress syndrome, acute tubular necrosis, need for intubation and other resuscitative measures, G-tube for feeding, nasogastric tube for feeding, intraventricular hemorrhage, seizures, seizure disorder, seizure activities, ventilation, swelling of the brain, renal failure, umbilical artery/vein catheters, tachycardia, respiratory failure and distress, extremity twitching, discoloration of extremities, hyperglycemia, transient tachypnea, surfactant deficiency syndrome, infections, sepsis, malnutrition, thrombus, inadequate feeding, feeding intolerance, TPN via PICC line, laryngomalecia, microcephaly, nissen fundoplication, dysconjugate gaze, mottled skin, upper airway congestion, inefficient posturing, immature/atypical sensory motor experiences, global physical, cognitive and neurodevelopmental deficits, disabilities and delays, multiple interventions producing physical pain and discomfort, past and future physical pain and discomfort, past and future mental anguish, past and future loss of life’s pleasures, disfigurement, embarrassment and humiliation, future loss of earnings and earnings capacity, past and future medical expenses, past and future special education expenses, past and future rehabilitation expenses, and past and future specialized caretaker expenses.


If your baby suffered a birth injury during labor and/or delivery in Pennsylvania or in another U.S. state, you should promptly find a birth injury lawyer in Pennsylvania or in your state who may investigate your birth injury claim for you and represent you and your child in a birth injury case, if appropriate.

Click on the “Contact Us Now” tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find birth injury attorneys in your state who may assist you.

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This entry was posted on Monday, January 2nd, 2017 at 5:12 am. Both comments and pings are currently closed.

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