Lawsuit Filed by Parents is Settled for $19 Million After Their Baby Suffers A Brain Injury

Posted by Gary Brod | Jan 19, 2017 | 0 Comments

A Pennsylvania hospital and obstetrician agreed to pay parents more than $19 million for a delivery that went awry, leaving their baby to be born with severe brain damage.

According to a recent news article, Marissa Vaccaro was admitted to the labor and delivery unit at Scranton Quincy, which is part of the Moses Taylor Hospital. Upon her arrival, her attending obstetrician, Dr. Raymond DeCesare, and other hospital staff had warned the mother that there were signs she had suffered a placental abruption - a life-threatening complication that causes the placenta to peel away from the inner wall of the uterus.

Several examinations and tests were run on Vaccaro, all revealing that the expecting mother was due for a c-section immediately to prevent the occurrence of a severe hypoxic brain injury to the fetus. However, even with this information presented to them, Dr. DeCesare and several other practitioners made the call to wait over an hour for an ultrasound, prior to delivering the baby. A total of 84 minutes passed before the c-section was performed, guaranteeing the brain injury of the couple's daughter when birthed.

The Vaccaro's lawsuit claims that the call to delay the c-section on behalf of the obstetrician and hospital staff was completely unnecessary and proximately caused the injuries of their baby. They alleged that instead of ordering an ultrasound, DeCesare obtained all the information and proof through examinations and tests to clinically diagnose the placental abruption. Their daughter was born “profoundly hypoxic,” causing complications that resulted in brain injury, visual impairment, seizure disorder and renal failure. The baby's condition also seriously affected her heart rate, barely becoming detectable after 12 minutes. Additionally, the baby sustained injuries stemming from excessive internal bleeding and blood loss. As a result, she now suffers from depression. The Vaccaro's requested damages for negligent behavior and emotional distress.

The defendants argued that the ultrasound was appropriate given the mother's condition and that as soon as the ultrasound confirmed the placental abruption, the c-section was immediately performed. Their argument also claimed that the infliction of fetus' brain injury occurred before Vaccaro arrived at the hospital, prior to their involvement.

After arguments from both parties, presiding judge Terrence Nealon ordered the defendants to produce documents supporting their claims. He claims that their relevancy to the case is prominent, and they must be provided. After just two days of mediation, the defendants made an agreement to settle along with a request to keep the case sealed away from the public. They suggested that making this case available to the public would discourage participation from other parties in future settlements. The order outlining the settlement was unsealed just before the end of last year.

If you or a loved one has been harmed as a result of the negligence of a medical professional, organization or entity, you may be entitled to compensation. The Brod Law Firm will serve as an advocate for you while you recover from your injury. Contact us online or call (888) 435-7946 (888-HELPWIN) for a free consultation.

We serve all of the state of Pennsylvania from our offices in Philadelphia, Reading and Bala Cynwyd.

About the Author

Gary Brod

Attorney Gary Brod is the founder of The Brod Law Firm. For more than three decades, he has relentlessly championed the rights of injured people to receive just compensation for their serious injuries. In recognition of his hard work, dedication to his clients and results obtained on their behalf Gary Brod has received national acclaim for his achievements by leading lawyer and consumer rating organizations for the highest ratings possible by both peers and clients.


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