An appellate court on July 10 upheld a $207.6 million verdict against the Hospital of the University of Pennsylvania, affirming a lower court’s finding that a delayed cesarean section caused a child to be born with cerebral palsy and severe neurodevelopmental impairments, according to court documents.
Three things to know:
1. Court records allege that “numerous deviations from standards of care occurred” before the delivery, including a 45-minute delay in performing a C-section. The child sustained a brain injury at birth and was later diagnosed with moderate to severe cerebral palsy. He is nonverbal, nonambulatory, has cortical visual impairment, and requires feeding via a gastrostomy tube. Court filings indicate he will require lifelong care, including assistance with daily functions, pain management, and potential orthopedic surgeries.
2. On appeal, the Philadelphia-based hospital argued that the plaintiff’s case improperly relied on a “team liability” theory — a concept it claimed is not recognized under Pennsylvania law. The theory would allow jurors to find collective negligence among the care team without identifying a specific individual as the cause of harm. The court rejected the hospital’s appeal and sided with the defendant.
3. The $207.6 million award is the largest medical malpractice verdict on record in Pennsylvania, according to law.com.
“We are disappointed by the Pennsylvania Superior Court’s decision,” a spokesperson for Penn Medicine said in a statement provided to Becker’s. “We continue to believe that the verdict is legally flawed and not supported by the evidence presented at trial. We are evaluating all legal options to further challenge this unfortunate result.”
