| Cerebral Palsy Articles Landmark Settlement in Pennsylvania Cerebral Palsy Lawsuit In Northeastern Pennsylvania, no medical malpractice jury verdict between 2000 and 2007 exceeded $10 million. In fact, only three surpassed $5 million in those seven years, according to statistics compiled by the State Supreme Court. But on November 17, 2008, a boy and his parents were awarded a landmark $20.5 million settlement by a Lackawana County jury for injuries suffered during birth. Now 7 years old, the boy suffers from cerebral palsy, is nearly blind, can not use his hands, is mentally retarded, and functions at the level of a 6- to 9-month-old, according to statements made by his father. He will require 24-hour care for the rest of his life. On June 30, 2001, the mother called her doctor at OB/GYN Consultants Ltd., based in Scranton. Near the end of her pregnancy, she expressed concern that something was wrong with her unborn child. Richard Behlke, M.D., who was not her primary obstetrician, advised her to go to Community Medical Center (CMC). At the hospital, fetal monitoring indicated that the baby was in distress. CMC nurses called Behlke. He arrived at the medical center two hours later and decided induce labor. After nearly two more hours had elapsed, Behlke had to deliver the boy by emergency C-section. Lawyers for the family said that, during this prolonged period of four hours from the mother’s arrival at CMC until the birth, “the baby was getting very little oxygen.” They argued that the boy’s irreparable brain damage and cerebral palsy resulted from the time delay. The trial lasted two weeks and jurors deliberated for about four hours before finding both Behlke and the hospital negligent. They assigned 60 percent of the negligence to Behlke and 40 percent to the hospital. The Scranton (PA) Times-Tribune reported the parents were awarded $2 million to cover the boy’s healthcare expenses and related costs while he is a minor. When he turns 18, their son will receive $18.5 million to cover lost earning capacity, pain and suffering, and lifelong medical expenses. Judge Terrence Nealon said the award was the largest he has presided over in a medical malpractice case in his 10 years on the bench. (Sources: Scranton [PA] Times-Tribune) |
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