Photo: Shutterstock

A suburban Philadelphia jury has rejected a couple's claims that a doctor's alleged failure to administer a certain medication during their daughter's delivery caused the infant to develop cerebral palsy. The family had been seeking $18 million in the lawsuit.

The jury on Oct. 30 rendered a defense verdict in the case Piergiovanni v. Wheeler after eight days of trial before Chester County Court of Common Pleas Judge Jeffrey Sommer.

The suit stemmed from allegations that Dr. Sara Lynn Wheeler failed to properly give the infant's mother magnesium sulfate to help protect against cerebral palsy. However, defendants argued that the fetus, which was premature, was still past the point where the drug should have been provided, and that, instead of reducing the infant's risk of cerebral palsy, it would have increased the chances of heart attack and death.

Obermayer Rebmann Maxwell & Hippel attorney Gary Samms, who represented Wheeler, said the experts played a significant role in convincing the jury. According to Samms, not only did the plaintiff's standard of care expert admit on cross-examination that there was a significant body of literature supporting the defendants' position about the cut-off for when magnesium sulfate should be used, but Wheeler's placenta analysis expert, Dr. Carolyn Salafia, also was effective in demonstrating to jurors that there was placental dysfunction five to seven days before the birth.

"The jury commented that our cross-examination of their experts was effective, and they found our experts to be more qualified," Samms said.

Marshall Dennehey Warner Coleman & Goggin attorney Chandler Hosmer, who represented defendant Paoli Hospital, said, "I think the case was competently and professionally tried for counsel by all the parties."

Malvern attorney Nancy Raynor represented Wheeler's medical practice, Women's Health Care Group of Pennsylvania, and Robert Morris of Morris Wilson represented the plaintiffs, Eric and Mary Piergiovanni. Neither Raynor nor Morris returned a message seeking comment.

According to court papers, Mary Piergiovanni experienced a sudden bleed Oct. 20, 2013. She called her primary obstetrician's office, but the doctor was on vacation and she was told Wheeler's practice was providing coverage. She came to Paoli Hospital, where she was evaluated. The fetus was found to be at little more than 32 weeks gestation, and there was no immediate explanation for the bleeding.

Wheeler contacted a fetal medicine specialist before Piergiovanni went into labor, and a neonatalogist attended the delivery, according to court papers. Court papers also said that, although the infant was slightly less than four pounds, she did not have poor oxygen, or require any resuscitation.

The plaintiffs' pretrial memo said that, as a result of Wheeler's alleged negligence, the infant was diagnosed with cerebral palsy with spastic quadriplegia, which has left her unable to walk without assistance, unable to hold a spoon or writing utensil, and with little bowel control. The memo also said her speech is affected, and, although she does not show signs of neurological injuries, she has suffered developmentally, and requires assistance at school. She has also undergone more than 100 Botox injections to her lower extremities, and regularly treats with physical, occupational and home therapies.

The plaintiff's life care planner, Varsha Desai, estimated future medical costs to be more than $5 million, and her vocational expert, Rosalyn Pierce, opined she is totally disabled from an employment standpoint.

According to the plaintiff's pretrial memo, the plaintiffs demanded $18 million to settle the case.

The plaintiffs' experts, Dr. Ezell Autrey and Dr. Frederick Gonzalez, opined that failure to administer magnesium sulfate was negligent, and that Wheeler should have at least told Piergiovanni about the possible risks and benefits of the drug. The plaintiffs further contended that the medication has been proven effective in preventing cerebral palsy up to 34 weeks of gestation.

The defendants, however, contended that, according to the American College of Obstetricians and Gynecologists, magnesium sulfate is not advised past 32 weeks gestation, and the medication was particularly contraindicated given the bleed.

Paoli Hospital had filed a Frye motion, contending that the plaintiffs' theories raised novel scientific arguments, but, according to Samms, no Frye hearing was held and the arguments were presented to the jury.

The jury deliberated for one hour before delivering a defense verdict.