Phila jury awards $78.5M in medical malpractice case

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A staggering amount of $78.5 million was awarded to a woman by the Philadelphia court of common pleas jury on Friday whose 3-year-old son suffers from cerebral palsy because of faulty diagnostic procedures by Pottstown Memorial Medical Center, where the child was delivered.

Legal counsel for the woman, identified as 34-year-old Victoria Upsey, related that when she arrived at the hospital in August 2008, there were already signs of complications for her unborn child which seemed to oxygen deprivation. Medical experts contended during the trial that the problem could have been averted if the woman was allowed to deliver promptly. However, the doctor handling her initially concluded that the baby was already dead based on the ultrasound result. When another hospital staff performed a second ultrasound a few minutes later, he detected a fetal heartbeat so an emergency caesarian section was performed.

Upsey’s lawyer contended that the 81-minute delay was the reason for the deterioration of the fetus condition resulting in cerebral palsy. Had the hospital provided a well-trained ultrasound technician and not used antiquated equipment, the delay would have been averted.

The jury did not find the doctor responsible but placed the blame on the hospital. The Medical Center has not yet given their side.
Cases of birth injury always involved emotional matters, but what makes the case shocking was the fact that the obstetrician did not ascertain that the infant was already dead.

The amount awarded to the mother included: payments for future medical care of the child, lost earnings, pain and suffering for the baby, and emotional distress of the mother.

If you were injured as a result of someone’s negligence please contact an experienced Injury Lawyer to discuss options that both you and your loved ones may have to be compensated.

If you or a loved has suffered due to negligence you may wish to consult with experienced Philadelphia Injury Lawyers. You may be entitled to compensation for your injuries. Please note strict deadline apply and it is in your best interest to contact a Pennsylvania attorney immediately.

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