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PA Family Wins Birth Injury Lawsuit

Posted on November 18th, 2008 No Comments

A decision has finally been reached in the medical malpractice suit filed by Laura and Daniel White of Jermyn, Pennsylvania in 2003. The suit targeted Dr. Richard Behlke, MD, and the Community Medical Center of Scranton. In the suit, Laura White claims that she called the medical center on June 30, 2001, because she felt something was “not right” with her unborn child. Dr. Behlke advised her to go to the center.

According to the suit, a series of oversights and errors ensued. When tests showed that White’s baby needed urgent medical attention, hospital workers contacted Dr. Behlke. It took him two hours to arrive, during which time the baby had limited access to oxygen. A decision was made to induce labor, but the attempt was unsuccessful. Four hours later, the Whites’ son Cody was finally delivered by C-section.

A jury agreed today that these errors caused Cody’s cerebral palsy, near blindness, non-functioning hands, and mental retardation. According to his parents, the seven year old boy has the mental functioning of a 9 month old infant. The jury determined that Dr. Behlke was 60% responsible for the boy’s injuries, while the Community Medical Center was 40% responsible.

The Whites received $2 million to cover medical expenses. Cody was awarded an additional $18.5 million for long-term care, pain and suffering, and lost earning capacity. This is one of the largest awards given by a Pennsylvania jury in the state’s history.

If you or a loved one has been injured by a negligent health care provider, contact the Pennsylvania medical malpractice lawyers Lowenthal & Abrams at 800-876-LAWYER.

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