Pa. Panel Wipes Out $40M Award For Baby's Spinal Injury

Law360 (July 16, 2020, 9:17 PM EDT) -- A Pennsylvania appeals court vacated a $40 million verdict Thursday and ordered a new trial in a suit accusing an obstetrician of negligently performing a delivery that caused an infant's permanent spinal cord injury, saying certain medical literature was wrongly admitted as evidence.

In a 37-page decision, a three-judge panel held that the trial judge erred by allowing the family's counsel to read excerpts from a textbook titled Volpe's Neurology of the Newborn, which likely unfairly influenced the jury into believing that a "snapping" or "popping" sound heard during delivery was evidence of Dr. Steven M. Troy's negligence and proof that...

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