In yet another victory for Lamb McErlane’s health care clients, the Pennsylvania Supreme Court let stand a Superior Court decision overturning a $40 million Delaware County jury verdict and awarding Defendants a new trial. Lamb McErlane Partners Maureen M. McBride and James (Jim) 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 case began when Alex and Kira Charlton sued various health care defendants in the Delaware County Court of Common Pleas, claiming that their child suffered injuries due to Defendants’ alleged negligence during delivery. After the jury found in Plaintiffs’ favor and awarded approximately $40 million in damages, Defendants appealed to the Superior Court. Ultimately, the Superior Court agreed with Defendants that the trial court improperly allowed Plaintiffs’ counsel to read from a textbook to the defendant/doctor during his cross-examination and that Plaintiffs’ counsel’s use of this material prejudiced the Defendants. As a result, the Superior Court set aside the verdict and granted a new trial.

Plaintiffs asked the Pennsylvania Supreme Court to review the case on appeal, but the Supreme Court refused their request this week.

McBride told Law360 during an interview that “Defendants are extremely pleased with the Supreme Court’s decision to deny allocatur 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.