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John Hill obtains defense verdict in birth injury case in Lehigh County

The jury returned a defense verdict after 4 hours of deliberation, ending a week long trial in Lehigh County before Judge Carol McGinley.

The allegations in this medical malpractice action claim that the defendant doctor, an OB/GYN, failed to provide proper prenatal care to the plaintiff-mother, from February to September of 2001 causing the stillborn death of plaintiffs' infant. Specifically, plaintiffs' claimed that the defendant doctor failed to appreciate that the baby was experiencing Intrauterine Growth Restriction (IUGR), which was evident from lab studies, a fundal height lag, and decreased fetal movement. The decreased fetal movement was noted only two days before the death of the baby was confirmed by ultrasound. The baby was delivered stillborn on 9/11.

Plaintiffs sued for the death of the child and the parents' emotional distress.

The defense successfully argued that the lab studies were essentially a "red herring;" there was no fundal height lag; and decreased fetal movement is expected in the later stages of pregnancy.



 

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