Monday, October 18, 2010

Pennsylvania Superior Court Upholds Multi-Million Dollar Medical Malpractice Verdict out of Lackawanna County

The Pennsylvania Superior Court has upheld a $27.3 million verdict from a Lackawanna County medical malpractice case that involved a baby who developed a brain injury and a diagnosis of cerebral palsy as a result of complications during the birth.

In an unpublished decision, the Superior Court dismissed the issues raised on appeal by the defendants, doctor Richard Behlke of OB-GYN Consultants Ltd. and Community Medical Center. Behlke was found 60 percent liable for the plaintiff's injuries and the medical center was found 40 percent liable.

According to an October 19, 2010 article by Gina Passarella in the Pennsylvania Law Weekly, the Community Medical Center settled its portion of the award and only Dr. Behlke and his practice pursued the appeal. In the interim, Behlke has reportedly assigned his rights to the Whites who just recently initiated a bad faith claim against his insurer.

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