A woman bringing a medical malpractice lawsuit over the stillbirth of her twins can move forward with her claim for negligent infliction of emotional distress, a Lackawanna County judge has ruled. Trial is set to begin May 31 on a variety of claims.
In a series of pretrial motions in Page v. Moses Taylor Hospital, Lackawanna County Court of Common Pleas Judge Terrence R. Nealon ruled against the defense, which also sought to preclude expert testimony on the twins’ economic losses as “overly speculative.” On the distress claim, Nealon said Jo Ann Page has a viable claim under the “physical impact” rule, since giving birth to a stillborn child physically impacts a mother.
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