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Lamb McErlane PC Partners Achieve Significant Victory for Health Care Providers in $40M Birth Injury Case

Lamb McErlane Partners Maureen M. McBride and James (Jim) C. Sargent helped score a significant victory for their health care clients in a birth injury medical malpractice appeal. In Charlton v. Troy, the Pennsylvania Superior Court vacated a $40 million Delaware County jury verdict and awarded a new trial after concluding that the trial court improperly allowed highly prejudicial evidence from a medical treatise to be introduced at trial. Maureen M. McBride and James C. Sargent represented Defendants Dr. Steven Troy, Crozer-Keystone Health System and Health Access Network in the appeal. They worked on the appeal with John J. Hare of Marshall Dennehey, who represented co-Defendant Delaware County Memorial Hospital and Joseph Del Sole of Del Sole Cavanaugh Stroyd LLC.

The $40 million award is said to be the largest personal injury verdict from Delaware County. In a statement in the Legal Intelligencer McBride said, “We, along, with trial counsel, Ben Post, are extremely pleased that the Superior Court vacated the judgment in this case.”

 At Lamb McErlane McBride concentrates her practice on appellate law and commercial litigation in state and federal courts.  She is Co-Chair of the firm’s Appellate Department and a member of the Firm’s Litigation Department and Executive Committee.

Sargent is Co-Chair of Lamb McErlane’s Appellate Advocacy Group and Litigation Department.  He represents national and multinational companies and manufacturers, as well as small businesses in litigation and appeals.

Click here to read an article regarding the case in the Legal Intelligencer.