Navigation Links
$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 He performed an ultrasound examination with outdated, insensitive, and poorly maintained equipment provided to him by the hospital, Pottstown Memorial Medical Center.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 dmitted there was no evidence the equipment had even been serviced for more than 10 years, whereas the manual indicates that annual maintenance is necessary. 

Throughout the discovery process, during his deposition and even when first questioned during trial, the obstetrician steadfastly maintained, with "100 percent certainty" that he performed the ultrasound properly, and the reason he did not identify the fetal heart beat is because the baby had died. He insisted the baby then "came back to life" some 81 minutes later. Unfortunately, due to what attorneys Weinstock and Vezina contended amounted to hospital administration negligence, Pottstown Memorial Medical Center did not have an ultrasound technician present in the hospital because it was a Sunday. The technician had to come from home in order to verify the obstetrician's incorrect findings.

"While no monetary award can make our clients whole again, we are pleased to have obtained the best possible result for this family," said Vezina. "No parent or child should have to endure such an ordeal." 

Weinstock focuses his practice in representing families of children with cerebral palsy and other brain injuries resulting from medical negligence. He has won multi-million dollar verdicts and settlements against obstetricians, pediatricians and other healthcare providers in 12 different states. He has been recognized by Thomson Reuters, published annually in Philadelphia magazine, as a Super Lawyer® each year since 2007.

Vezina is an experienced trial lawyer who also specializes in representing families of children with cerebral palsy and other brain injuries. Vezina has consistently been recognized as a Super Lawyer®, and as an "Up and Comer" in various publications throughout the United States.

About Feldman Shepherd: Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig, LLP (www.feldmanshepherd.com ) has handled cases producing some of the largest verdicts and settlements in Pennsylvania. The firm represents plaintiffs in significant personal injury, class action, and other complex civil litigation. Clients include victims of medical malpractice, defective products, unsafe workplaces, motor vehicle accidents, legal malpractice and insurer misconduct.

Contact: Gina Rubel
gina@furiarubel.com / 215-340-0480


'/>"/>
SOURCE Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig, LLP
Copyright©2010 PR Newswire.
All rights reserved

Related medicine technology :

1. Globus Medical Raises $110 Million in Series E Financing Round
2. Atritech Announces Completion of a $22 Million Equity Financing
3. The Female Health Company Receives USAID DELIVER PROJECT Order for 5 Million Units
4. EntreMed Raises $20 Million to Support Clinical Development Program
5. Niaid / Barda Awards Elusys a $12 Million Contract to Further Develop Anthim, the Companys Anthrax Therapeutic
6. Isis Announces $1.2 Million Award to Its Ibis Subsidiary to Expand Influenza Detection Capabilities and Enable Large-Scale Influenza Transmission Studies
7. NIST Awards $2 Million to Velcura Therapeutics, Inc. for Innovative Technology R&D - Dual-Action Therapies for Bone Disease
8. Isis Earns $5 Million Milestone Payment From Ortho-McNeil, Inc. for Initiation of Phase 1 Study of ISIS 325568
9. Virogenomics, Inc. Awarded $2 Million National Institute of Standards and Technology (NIST) Advanced Technology Program Grant to Develop Integrated Diagnostic Biosensors
10. National Jewish, Brigham and Womens Awarded $37 Million to Identify Genes and Other Risk Factors that Influence the Development of COPD
11. 38.7 Million People Break Guinness World Record for Stand Up Speak Out on International Day for the Eradication of Poverty
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:6/24/2016)... 24, 2016  Global Blood Therapeutics, Inc. (GBT) (NASDAQ: ... novel therapeutics for the treatment of grievous blood-based ... closing of its previously announced underwritten public offering ... public offering price of $18.75 per share. All ... by GBT. GBT estimates net proceeds from the ...
(Date:6/24/2016)... Dehaier Medical Systems Ltd. (NASDAQ: ... and sells medical devices and wearable sleep respiratory products ... cooperation agreement with Hongyuan Supply Chain Management Co., Ltd. ... 20, 2016, to develop Dehaier,s new Internet medical technology ... will leverage Hongyuan Supply Chain,s sales platform to reach ...
(Date:6/24/2016)... , June 24, 2016 VolitionRx ... of Dr. Edward Futcher to the ... effective June 23, 2016.Dr. Futcher was also appointed ... Governance Committees.  As a non-executive member of the ... and strategic counsel to VolitionRx in connection with ...
Breaking Medicine Technology:
(Date:6/25/2016)... Oklahoma (PRWEB) , ... June 25, 2016 , ... ... both athletes and non-athletes recover from injury. Recently, he has implemented orthobiologic procedures ... Oklahoma City area —Johnson is one of the first doctors to perform the ...
(Date:6/24/2016)... ... , ... Those who have experienced traumatic events may suffer from a complex ... as drug or alcohol abuse, as a coping mechanism. To avoid this pain and ... a traumatic event. , Trauma sufferers tend to feel a range of emotions, from ...
(Date:6/24/2016)... ... ... Global law firm Greenberg Traurig, P.A. announced that 20 Florida attorneys are recognized ... this recognition are considered among the top 2 percent of lawyers practicing within the ... this year’s Legal Elite Hall of Fame: Miami Shareholders Mark D. Bloom, Burt ...
(Date:6/24/2016)... TX (PRWEB) , ... June 24, 2016 , ... People ... part in Genome magazine’s Code Talker Award, an essay contest in which patients and ... an award to be presented at the 2016 National Society of Genetic Counselors (NSGC) ...
(Date:6/24/2016)... ... 2016 , ... Strategic Capital Partners, LLC (SCP) in concert ... capital for emerging technology companies. SCP has delivered investment events and professional ... than a million dollars of capital investment for five companies. The ...
Breaking Medicine News(10 mins):