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$78.5 Million Jury Verdict In Philadelphia Birth Injury Case
Date:5/4/2012

PHILADELPHIA, May 4, 2012 /PRNewswire/ -- Philadelphia attorneys Daniel S. Weinstock and G. Scott Vezina of Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig, LLP, obtained a $78.5 million verdict on behalf of a child who suffered severe brain damage as a result of medical negligence. The child, now 3 years old, 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, 2012, in the Philadelphia Court of Common Pleas before the Honorable Mark I. Bernstein. The damages award includes payments for future medical care, lost earnings, pain and suffering for the baby as well as emotional distress for the baby's mother, Victoria Upsey. 

"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 He performed an ultrasound examination with outdated, insensitive, and poorly maintained equipment provided to him by the hospital, Pottstown Memorial Medical Center. He actually told my client her baby had died, then 81 minutes later, the baby had come back to life," said Weinstock.

The case arose in August, 2008 when Victoria Upsey, then 36 weeks pregnant, presented to the hospital with signs of a placental abruption. Fetal monitoring was inconclusive, leading the obstetrician to perform a bedside ultrasound examination. Weinstock and Vezina submitted evidence in the case that the ultrasonography equipment provided by Pottstown Memorial Medical Center was antiquated, lacking the sensitivity of modern ultrasound machines. When questioned by Weinstock, the hospital's Risk Manager a
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SOURCE Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig, LLP
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