Jury Awards $20.5 Million in Medical Malpractice Case

A Pennsylvania jury returned a guilty verdict last week in a medical malpractice case brought against Dr. Richard Behlke and Community Medical Center.

Laura and Daniel White sued the medical professionals after the 2001 birth of their son, during which they allege that medical negligence of both the doctor and the staff of the medical center resulted in their child’s severe brain damage.

On June 30, 2001, Dr. Behlke, who was not her primary obstetrician, instructed Mrs. White to go to the Community Medical Center after she placed a call indicating that she felt that something was wrong with her unborn child.  Although fetal monitors indicated that the baby was in distress, it took Dr. Behlke over two hours to arrive at the Center.

The baby was receiving very little oxygen during this time.

Upon arrival, Dr. Behlke elected to induce labor, which further complicated the situation.  Baby boy Cody was eventually delivered by Cesarean-section, but it was too late.

Cody now suffers from cerebral palsy, is almost completely blind, has lost the use of his hands and is mentally retarded.  According to the Whites, he functions at the level of a child who is 6-9 months old.  He is seven years old.

After deliberating for only four hours, the jury in the case attributed 60 percent of the negligence to Dr. Behlke and the other 40 percent to the medical center.  They further broke down the damages to provide $2 million to the Whites for health care expenses, and the other $18.5 million to Cody upon his 18th birthday, based on his pain and suffering, medical expenses and lost earning capacity.

The award is the largest in recent Pennsylvania history.

Source: The Scranton Times