Pennsylvania Hospital Settles Birth Injury Lawsuit for $19.3 Million

A Scranton, PA, hospital and a local physician paid $19.3 million to settle a medical malpractice lawsuit filed by a Dupont, PA, couple whose daughter was born with severe brain damage.

The settlement with Charles and Marissa Vaccaro was reached on Nov. 19 and was unsealed by Judge Terrence R. Nealton on Dec. 20, 2016.

The Vaccaros filed suit in 2014, alleging Dr. Raymond D. DeCesare was negligent in delivering their daughter, Emma, in 2012. Vaccaro v. Scanton Qunicy Hospital Comany, Inc., No. 14 CV 7675, Court of Common Pleas of Lackawanna County.

Represented by Attorney Matt Casey of Philadelphia, the parents charged that the doctor failed to immediately perform an emergency cesarean section despite clear signs Mrs. Vaccaro suffered a placental abruption — a medical incident in which the placenta detaches from the mother’s uterus, depriving the fetus of oxygen. That caused extensive brain damage that left Emma unable to walk, talk or feed herself.

• Mr. Casey and his firm, Ross Feller Casey, will be paid $7.32 million in attorney’s fees, plus $282,506 in litigation costs.
• $173,063 will be paid to the state Department of Human Services for services it provided to the child.
• $75,000 will be placed in an escrow account to pay anticipated additional litigation expenses. A refund will be issued to the Vaccaros if the expenses are less than that amount.