Pennsylvania Birth Injury Verdict Raised to $207.6 Million, Hospital Request for Retrial Denied

3 min read

Judge and gavel

In January 2024, a judge increased a Pennsylvania family’s birth injury verdict to $207.6 million after the hospital asked for a retrial. The verdict was initially decided in April 2023, awarding the family $183 million in their birth injury lawsuit against the Hospital of the University of Pennsylvania (HUP).

The hospital attempted to avoid paying the family by filing a retrial request. However, Philadelphia County Court of Common Pleas Judge Gwendolyn N. Bright rejected the motion and tacked on $24.9 million to the verdict.

“The defense is . . . failing to point inward to its own litigation strategy, strategic trial decisions, [and] serious credibility issues.”
– Judge Gwendolyn Bright

The result of this case is a beacon of hope for families impacted by avoidable birth injuries at the hands of negligent medical staff.

If you believe your child’s injury was caused by malpractice, you may be eligible for financial compensation, like this family. See what options are available for you with a free case review.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

Get a Free Case Review

Background and Details of the Birth Injury Case

In 2018, this Pennsylvania family eagerly awaited the arrival of their child. Sadly, their baby experienced severe brain injuries during delivery at HUP.

After witnessing several developmental delays, the child was diagnosed with cerebral palsy, a group of disorders affecting motor skills. The family believed their child’s injuries could have been avoided if the hospital had not delayed the baby’s delivery after discovering an infection in the mother’s uterus that, if left unattended, would impact both baby and mother.

They decided to work with a Pennsylvania birth injury lawyer to hold the hospital accountable for malpractice. Their lawyer said the “injury was entirely avoidable” in an interview with The Philadelphia Inquirer, and they fought to get the family the financial help they needed to care for their child.

A Birth Injury Verdict That Broke Records

The family’s long legal battle seemed to come to an end when the jury unanimously found HUP responsible for the child’s injuries.

The jury’s decision broke records in the state with the $183 million award to the family. The total included lifetime expenses for the child’s care, as well as compensation for loss of income and pain and suffering.

However, in an attempt to avoid paying the family, HUP requested a retrial.

“The reality is that HUP cannot fathom … the jury did not accept [their] point of view.”
– Judge Gwendolyn Bright

The judge overseeing the case rejected HUP’s motion and added $24.9 million to the already historical verdict for months of delay damages.

If your child suffered avoidable injuries, you may also be eligible for legal compensation. Get a free case review now to see how we can fight for your child’s future.

Navigating Birth Injury Claims: Why Early Legal Help Matters

Taking legal action after medical malpractice can feel incredibly overwhelming and riddled with challenges.

One of the significant hurdles in these cases is the often-delayed diagnosis of birth injuries. Unlike more immediate injuries, such as fractures or lacerations, some birth injuries may not manifest obvious symptoms until months or even years later, typically when developmental milestones are missed.

These delayed diagnoses can make taking legal action difficult if the statute of limitations (deadline) for filing a case has passed in their state. For these reasons, early legal and medical action is so important for families to get the help they need.

Get Legal Help After Your Child’s Birth Injury

The team at the Child Birth Injury Justice Center is dedicated to helping families impacted by birth injuries get the most compassionate assistance.

If your child was injured due to medical negligence, our advocates and on-staff nurses are standing by to connect you with expert birth injury lawyers in your state. In fact, our legal partners have helped secure more than $862 million for birth injury victims.

Don’t wait to pursue justice — call (800) 914-1562 or get a free case review now.

 

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
  1. Law.com. (January 2024). Judge Rejects Penn Hospital’s Challenge to $182.7M Birth Injury Verdict, Tacks on $24.9M. Retrieved February 5, 2024, from https://www.law.com/thelegalintelligencer/2024/01/23/judge-rejects-penn-hospitals-challenge-to-182-7m-birth-injury-verdict-tacks-on-24-9m/
  2. Philadelphia Inquirer. (April 2023). A record medical malpractice verdict goes against the Hospital of the University of Pennsylvania. Retrieved February 5, 2024, from https://www.inquirer.com/health/university-pennsylvania-hospital-medical-malpractice-philadelphia-20230426.html