Pennsylvania Verdicts

Amount:

$55,000,000

Type:

Verdict-Plaintiff

State:

Pennsylvania

Venue:

Lehigh County

Court:

Lehigh County Court of Common Pleas

Injury Type(s):

Case Type:

Medical Malpractice – OB-GYN, Hospital, Birth Injury

Case Name:

Mark Crowell and Sharon Petrosky Crowell, as parents and natural guardians of Matthew Crowell, a minor v. St. Luke’s Hospital-Bethlehem Campus, St. Luke’s Obstetric and Gynecology Associates and Ronald M. Kriner D.O.,
No. 2012-C-1224

Date:

December 23, 2013

Plaintiff(s):

Mark Crowell (Male), 

Matthew Crowell (Male, 1 Minute), 

Sharon Petrosky Crowell (Female)

Plaintiff Attorney(s):

Paul A. Lauricella;
McLaughlin & Lauricella, P.C.;
Philadelphia,
PA,
for
Mark Crowell, Matthew Crowell, Sharon Petrosky Crowell ■ Slade H. McLaughlin;
McLaughlin & Lauricella, P.C.;
Philadelphia,
PA,
for
Mark Crowell, Matthew Crowell, Sharon Petrosky Crowell

Plaintiff Expert(s):

S. Bean;
M.D.;
Pediatric Neurology;
Newark,
DE called by
Paul A. Lauricella, Slade H. McLaughlin ■ Anthony Smith;
M.D.;
OB-GYN;
Richmond,
KY called by
Paul A. Lauricella, Slade H. McLaughlin

Defendant(s):

Ronald Kriner, 

St. Luke’s Hospital-Bethlehem Campus, 

St. Luke’s Obstetric and Gynecology Associates

Defense Attorney(s):

Mark R. Zolfaghari;
Chief Medical Litigation Officer, St. Luke’s University Health Network;
Bethlehem,
PA,
for
Ronald Kriner, St. Luke’s Hospital-Bethlehem Campus, St. Luke’s Obstetric and Gynecology Associates ■ Lauren E. O’Donnell;
Blank Rome LLP;
Philadelphia,
PA,
for
Ronald Kriner, St. Luke’s Hospital-Bethlehem Campus, St. Luke’s Obstetric and Gynecology Associates

Defendant Expert(s):

Donald Younkin;
Pediatric Neurology;
King of Prussia,
PA called by
Mark R. Zolfaghari ■ Harold Fox;
Obstetrics;
Baltimore,
MD called by
Mark R. Zolfaghari ■ Steven Ringer;
Pediatrics;
Boston,
MA called by
Mark R. Zolfaghari

On Nov. 4, 2009, plaintiffs’ minor Matthew Crowell was born, about one week past his due date. The obstetrician handling the delivery was Ronald Kriner. Kriner had been scheduled to induce Matthew’s mother, Sharon Petrosky Crowell, during a planned hospital admission on the evening of Nov. 3; however, her membranes reportedly ruptured a few hours before she was scheduled to go to the hospital. Sharon Crowell’s labor progressed slowly, resulting in the doctor on call administering oxytocin to speed up contractions at around 5:00 a.m. on Nov. 4. According to court papers subsequently filed on behalf of the Crowells, the administration of oxytocin was followed by periods in which the fetal heart rate showed minimal fluctuation, which is a sign of fetal distress, it was argued. Sharon Crowell’s labor and the baby’s descent allegedly began to slow and ultimately stop. At approximately 6:00 p.m. on Nov. 4, 2009, more than 24 hours after arriving at the hospital, Kriner discussed with Sharon Crowell the use of a vacuum extracting device, which was ultimately affixed to the baby’s scalp in an effort to pull him through the birth canal, according to court papers filed on behalf of the Crowells. A vacuum was used for 17 minutes; it was ultimately alleged that this caused a shoulder dystocia to occur. The Crowell family then filed a suit against the hospital, Kriner, and an apparently affiliated practice group. The family’s counsel argued that during the time the vacuum was being used, the fetal monitoring was showing a prolonged period of significant hypoxia. It was argued that Sharon Crowell was a small woman and that there thus was a clear chance, given that the baby’s due date had passed, that the baby was too large to be born vaginally. Counsel argued the use of oxytocin in such cases is not recommended, because it can cause contractions to become too forceful, resulting in trauma to the baby, who doesn’t have as much room to move through the birth canal. A spokesperson for the hospital has stated publicly the hospital’s position that the staff provided appropriate care to the Crowells and did not cause any harm to the baby.

The Crowells’ suit contended that Matthew’s lack of oxygen to the brain during delivery caused him to be born limp and colorless. He was diagnosed at delivery with hypoxic-ischemic encephalopathy. He now suffers from cerebral palsy, impaired gross- and fine-motor skills, and difficulty speaking, and requires assistance going to the bathroom. Counsel for the Crowells also raised at trial concerns over Matthew’s expected challenges in the future with respect to education and social scenarios, as well as the psychological effects of his condition. The defense contended that the injury occurred before Sharon Crowell presented at the hospital. The defense also argued that the umbilical cord blood gas level was recorded at 7.221; cord blood gas must be at less than a 7 before an intrapartum event is indicated as a cause of injury, the defense maintained.

The jury found in favor of the Crowells and determined that the damages in the case totaled $55 million. There was a confidential high-low agreement in place.

Matthew Crowell: $55,000,000 Personal Injury:

Judge:

J. Brian Johnson

Trial Length:

11
 days

Trial Deliberations:

165
 minutes

Jury Vote:

Unanimous

This report is based on an article previously published in the Pennsylvania Law Weekly, a fellow ALM publication, and on information that was provided by defense counsel. Plaintiffs’ counsel did not respond to the reporter’s phone calls.