Pennsylvania Verdicts

Plaintiff(s):

David Saul (Male), 

Elizabeth Yanak (Female), 

Jacob Andrew Saul (Male, 8 Months)

Plaintiff Attorney(s):

John Neumann Hickey;
Law Office of John Neumann Hickey;
Media,
PA,
for
David Saul, Elizabeth Yanak, Jacob Andrew Saul ■ John E. Kusturiss Jr.;
Law Offices of John E. Kusturiss Jr.;
Media,
PA,
for
David Saul, Elizabeth Yanak, Jacob Andrew Saul

Plaintiff Expert(s):

Alex Karras; O.T.R.; Life Care Planning; Jamison,
PA called by:
John Neumann Hickey, John E. Kusturiss Jr. ■ Thomas Rugino; M.D.; Pediatric Rehabilitation; Toms River,
NJ called by:
John Neumann Hickey, John E. Kusturiss Jr.

Defendant(s):

Cambridge Pediatric Lancaster LP

Defense Attorney(s):

Joan Orsini Ford;
Marshall, Dennehey, Warner, Coleman & Goggin, P.C.;
King of Prussia,
PA,
for
Cambridge Pediatric Lancaster LP

Defendant Expert(s):

Donna Stephenson;
Pediatric Neurology;
Philadelphia,
PA called by:
Joan Orsini Ford ■ Richard Ritterman;
Neonatology;
Bryn Mawr,
PA called by:
Joan Orsini Ford

Insurer(s):

Lexington Insurance Co.

On Sept. 12, 2008, plaintiff Jacob Andrew Saul, 8 months old, had been staying at Cambridge Pediatrics Nursing home, in Lancaster, when he was discovered gray and unresponsive. Jacob and his brother had suffered twin-twin transfusion syndrome, in which blood passes unequally between twins sharing a placenta. Jacob suffered mild neurological injuries from birth, while his brother did not survive. The twins had been born three months premature. According to his parents, Jacob, who was put on a ventilator because of his premature birth, was expected to be off the ventilator within five years, and expected to walk, use his hands, and eat. The infant had been transferred to Cambridge on Aug. 12. Upon being found gray and unresponsive, it was determined that Jacob’s tracheotomy had been displaced, his pulse oximeter was no longer attached to his foot, and the machine was turned off. His parents claimed that the incident caused him profound neurological impairments that he did not have prior to the incident. Jacob’s parents sued Cambridge, alleging it was negligent in its care of the infant. Since it was never determined how Jacob’s medical equipment was disconnected, Cambridge stipulated to negligence. The court later granted plaintiffs’ motion for directed verdict, and the case was tried on the issues of injuries and damages.

Jacob was found by emergency medical services unconscious and in arrest, without a palpable pulse, and was taken to a hospital. He remained hospitalized for about three weeks. He was discharged back to a different nursing home, where he will remain until he is 21, at which time he will be transferred to an adult nursing facility, where he will remain indefinitely. According to Jacob’s expert in pediatric rehabilitation, the incident caused Jacob to suffer seizure disorder (which requires medication), oropharyngeal dysphagia (discoordinated swallow), optic atrophy and total blindness, and an inability to speak, walk, and make deliberate movements (i.e., he cannot grasp or reach for objects). Had Jacob been properly treated at Cambridge Pediatric, he would have been developmentally delayed, but would have been able to walk with braces, get around, and eat without assistance. Jacob’s parents sought to recover a life-care plan of approximately $19 million in present value (based on a life expectancy of another 69 years), a healthcare lien of $60,346, and lien of approximately $1.3 million from the Department of Human Services. Jacob’s mother testified about Jacob’s condition before and after Sept. 12. Before, he was able to track a person with his eyes, suck his thumb and a pacifier, and use his hands to grab; after, he was unable to do any of those things, and his arms and legs flail without purpose. Jacob, who requires 24-hour care, is wheelchair-bound, but is able to push himself aimlessly on the floor of the pediatric facility. Jacob’s parents sought damages for past and future pain and suffering. Cambridge’s counsel maintained that removal of Jacob’s tracheal tube did not cause any change to his condition, since he already suffered from neurological complications from his pre-term birth and other health issues. Additionally, the infant had pulled out his nasogastric tube on multiple occasions. According to its expert in neonatology, Jacob’s diagnosis was the same as when he was transferred to the facility one month prior, at which time he was already exhibiting signs of severe neurologic injury. The expert noted that, upon his birth, he suffered a left-sided grade-four periventricular hemorrhage-intraventricular hemorrhage, a right-sided grade three periventricular hemorrhage-intraventricular hemorrhage, and hydrocephalus, which required a shunt. Cambridge’s expert in pediatric neurology detailed the neurological effects that Jacob’s pre-existing injuries had on him and how they resulted in his current condition. According to Cambridge, Jacob is expected to live only another 20 to 30 years.

The jury determined that Saul would receive $8,470,346.

Jacob Andrew Saul: $60,346 Personal Injury: Past Medical Cost; $100,000 Personal Injury: past non-economic damages; $310,000 Personal Injury: future non-economic damages; $8,000,000 Personal Injury: future medical costs over 44 years

Judge:

Margaret C. Miller

Trial Length:

5
 days

Trial Deliberations:

4
 hours

Jury Vote:

10-2

Post Trial:

Plaintiffs’ counsel filed for approximately $1.7 million in delay damages.

This report is based on information that was provided by plaintiffs’ counsel and on an article published by The Legal Intelligencer. Defense counsel did not respond to the reporter’s phone calls.