October 6, 2004PA Erb’s palsy suit settled for $3 million

Christine and Patrick Lombardo have won a $3 million settlement in the Erb’s palsy lawsuit filed on behalf of their son, who died in 2000 at age 4. The suit, filed in 1996 for their son Jonathan, alleged that doctors and other medical personnel at Mercy Hospital in Wilkes-Barre, Pennsylvania were liable for his birth injuries.

On January 16, 1996, Mrs. Lombardo was in the 40th week of her pregnancy when labor was induced. This is because, according to the Erb’s palsy suit, the fetus’ heart rate dropped. Hospital employees did not immediately call a doctor although there were complications during labor. When Jonathan was finally delivered, it was by vacuum assistance.

The Lombardos’ Erb’s palsy lawyer alleged that Jonathan suffered permanent lung and brain damage due to cardiopulmonary resuscitation that was improperly performed. The Erb’s palsy suit alleged that the hospital was negligent for not treating Mrs. Lombardo in a timely manner and for not having a doctor ready to do an emergency delivery.

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