A Philadelphia jury awarded a $108 million verdict Thursday in a Philadelphia birth-injury case against Jefferson Health and a pediatric practice it acquired along with Einstein Healthcare Network.
The verdict is the biggest medical malpractice verdict in the city since a record-setting $183 million award against Penn Medicine three years ago involving a birth injury at the Hospital of the University of Pennsylvania.
Philadelphia juries have a reputation for awarding what are called “nuclear verdicts.” Though most trials end in a verdict in favor of healthcare providers, the threat of massive verdicts has become a significant worry for area health systems.
In the Jefferson case, the jury found Einstein Pediatrics doctors liable for brain injuries suffered by a baby delivered in December 2018 with the aid of forceps. The baby, called KJ in court filings, “suffered permanent neurologic injury,” according the lawsuit filed July 2024.
Jefferson said in statement that it will appeal.
“Throughout the trial, the jury was not permitted to hear crucial evidence that showed conclusively that the clinicians provided exceptional medical care,” Jefferson said. “As a result, the jury was presented with a misleading picture of the medical facts, and liability was based on theories that were not supported by the medical record.”
In cases like this, much of the award will be paid out over the child’s lifetime to cover the cost of care. That means Jefferson will be able to buy a form of insurance that covers those costs and not lay out the full $108 million, if the verdict stands. However, the law firm, Gilman & Bedigian LLC, will receive its fee — up to 40% of the verdict — based on the full amount.
Gilman & Bedigian LLC, also won the Penn verdict in 2023. Representatives of firm based in Baltimore were not immediately available for comment.
Mix results appealing verdicts
The University of Pennsylvania appealed its $183 million birth-injury verdict and ultimately lost last summer at Pennsylvania Superior Court. By then, the full judgment had grown to $207 million because of delay damages that are tacked on during the appeals process.
Temple University Health System successfully appealed a $45 million verdict in 2024. That case involved a teenager who aspirated food, which led to significant brain damage, after being discharged from treatment for a gunshot wound to the neck.
A Philadelphia judge subsequently made a rare decision to order a retrial in the case, finding that the jury’s verdict did “not make logical or legal sense” and that its award of future medical costs was “exorbitant.”
Before the retrial started, the case was settled last October for an undisclosed amount of money.