Malpractice verdict tops $18 million
The jury of nine women and three men deliberated five hours, beginning Tuesday and concluding Wednesday, before finding the hospital and pediatricians Edward Foley and Paul Wodlinger negligent in the care of Ryan Taylor of Canonsburg.
A fourth defendant, Children's Hospital of Pittsburgh, was cleared in the case. The five-week trial was held before Judge David L. Gilmore.
Jurors awarded the boy damages of $17.5 million and his mother, Lori Slider, $575,000. Their attorneys will file a motion for delayed damages, which could add another $8 million to the total, said Geoffrey N. Fieger, one of three attorneys representing the plaintiffs.
Washington Hospital was found 70 percent responsible for Ryan's condition and each pediatrician, 15 percent.
Although a unanimous verdict is not required to award damages in a civil case, Linda Maga, jury forewoman, said everyone on the panel was in agreement.
"We felt the brain damage occurred because of the hypoglycemia," said Maga, of Hickory. "Washington Hospital and its staff did not follow the proper procedures. That was the most substantial factor in our decision.
"Our discussions centered on the amount of damages and Children's Hospital's involvement. We think Children's Hospital saved his life."
Slider sued on behalf of herself and her son in 1994, claiming Ryan was healthy at birth and suffered permanent brain damage because of improper medical care.
Various experts testified that the child should have been watched more carefully because he was susceptible to hypoglycemia because of a condition his mother had while pregnant.
Instead, they testified the child received no nourishment during his first three days because he would not nurse.
According to medical records, Ryan's blood sugar level was zero when a test was finally taken three days after his birth. The test was given after the baby turned blue.
Shortly afterward, he suffered a seizure and was taken to Mercy Hospital in Pittsburgh.
Washington Hospital issued a brief statement following the verdict, saying, "We are disappointed with the jury's verdict and are surprised by the amount of the award. The hospital is considering whether to appeal the decision."
The plaintiffs alleged Ryan suffered further damage when treated at Children's Hospital at age 6 months because the hospital stopped giving him the medication he had been taking, needed to prevent infantile spasms.
Arthur Schwarzwaelder, attorney for Children's Hospital, said the child was in very critical condition when treated at the hospital in May 1992, and doctors there followed the procedures they felt necessary to save his life.
"Our thoughts and prayers remain with Ryan and his family," Schwarzwaelder said following the verdict. "We are obviously pleased the jury found in our favor. We believe Children's Hospital saved his life."
Slider said she didn't think about filing a lawsuit until a few years after Ryan's birth, when doctors would not answer questions she had regarding his brain damage.
She saw an advertisement for Jack Beam, a Colorado attorney who specializes in medical cases involving brain injuries, and called him.
Beam teamed with Fieger, who represented famed suicide doctor Jack Kevorkian, and local attorney Bradley M. Bassi.
Beam and Fieger, of Michigan, are friends and are working together in cases stemming from last year's Columbine High School massacre in Littleton, Colo.
Bassi said he was thankful jurors paid such close attention, given the length of the trial and issues involved. He added that the high amount of damages was appropriate, given the severity of Ryan's condition.
"It's certainly appropriate when you consider the amount of care he will need throughout his life," Bassi said.
Maga said jurors considered that when making its decision.
"He's looking at enormous medical bills throughout his life," she said. "Basically this was a person who would have worked and led a normal life. He'll never work. He'll never do what most people do."
Washington Hospital and the pediatricians maintained that Ryan suffered brain damage before he was born.
Fieger, who tried the case, called that defense ridiculous.
"This baby was starved, and he lapsed into a coma because he was starved," he said. "He was a perfectly healthy baby and was injured because of the hospital's and doctors' negligence."
William D. Phillips, representing Wodlinger and Foley, declined comment. Mary Drake Korsmeyer, who defended Washington Hospital, deferred comment to the hospital.
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