Second Largest Medical Malpractice verdict in Pennsylvania since 2000.
Pottstown Hospital Ordered to Pay $78.5 Million (Philadelphia Business Journal)
May 4, 2012
By Jeff Blumenthal and John George, Staff Writers
A Philadelphia jury ordered Pottstown Memorial Medical Center to pay $78.5 million Friday in a medical malpractice verdict in a case involving a child who suffered severe brain damage as a result of alleged negligence.
The child, now 3, has severe spastic quadriplegic cerebral palsy resulting from an 81-minute delay in performance of an emergency cesarean section delivery.
The case was tried, beginning on April 13, in front of Philadelphia Common Pleas Judge Mark I. Bernstein. The damages award includes payments for future medical care, lost earnings, pain and suffering for the child as well as emotional distress for the baby’s mother, Victoria Upsey.
Plaintiffs attorney Daniel Weinstock of Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig of Philadelphia said birth injury cases are always emotional matters, but the facts of this case were particularly shocking because the reason this delivery was delayed was that the obstetrician thought the baby was dead.
“He performed an ultrasound examination with outdated, insensitive, and poorly maintained equipment provided to him by the hospital, Pottstown Memorial Medical Center,” Weinstock said. “He actually told my client her baby had died, then 81 minutes later, the baby had come back to life.”
“We are disappointed in today’s verdict and plan to appeal,” the hospital said in a statement.
Pottstown Memorial is owned and operated by Community Health Systems (NYSE:CYH), a hospital management company based in Franklin, Tenn. Its lawyers were not available immediately for comment either.