Lackawanna County Jury Awards $20.5 million for Medical Malpractice Verdict


Posted on Dec 02, 2008

After four hours of deliberation, a jury in Lackawanna County awarded $20.5 million to the white family as compensation for a medical malpractice incident seven years ago.

The Whites, who live in Jermyn, Pennsylvania, were expecting a baby in 2001. When Mrs. White became concerned about the pregnancy on June 30, she called her OB/GYN at OB/GYN Consultants Ltd. in Scranton, PA, for help. A doctor recommended she go to the Community Medical Center, where a fetal monitor showed the baby was in distress.

The same doctor, Behlike, was called, but did not arrive for two hours. During that time, the baby did not receive enough oxygen. Labor was incuded, and finally a Cesarean section was done four hours later. By that time, the baby had suffered permanent damage.

Today, the baby, Cody, suffers from cerebral palsy and does not have use of his hands. He is also almost completely blind and severely mentally retarded. He functions at the level of a six-month old and cannot walk or talk.

"Almost all of the money will be used for his care," the lawyer said. "He needs 24-hour care ... for the rest of his life."

The amount of the reward is unprecedented in Northeast Pennsylvania, with only three medical malpractice cases surpassing $5 in the past seven years. The jury found Richard Behike as well as Community Medical Center negligent in the treatment of Laura White and Cody White , with most of the blame landing on Behike's shoulders.

Cody will require 24-hour care for the rest of his life. $2 million will be given to the family immediately, with $18.5 million withheld to be given to Cody on his 18th birthday. The money was given for lost earning capacity, pain and suffering, and medical expenses.

"He's a great little boy," Mr. White said. "He has a lot of difficulties, though. He can't walk or talk."

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