A Blank Rome team successfully represented Temple University Hospital against the U.S. government in the United States District Court for the Eastern District of Pennsylvania, in the matter of Temple University Hospital, Inc. v. The United States of America.
On Friday, April 14, Judge Mark A. Kearney ordered the U.S. government to pay half of an eight-million-dollar settlement in a birth injury case against Temple University Hospital, ruling in favor of the hospital after it sued the government for indemnity. In his final opinion, Judge Kearney determined that Clinton Turner, the labor and delivery doctor liable for causing the birth injuries, was a federal employee since he was employed by the Delaware Valley Community Health Center (“DVCHC”), which is federally funded.
Judge Kearney also determined that Dr. Turner had breached the standard of care by failing to immediately address the patient’s decreased fetal movement, and that under Pennsylvania law, his inaction increased the risk of harm to the patient. The judge ruled that Dr. Turner was 50 percent at fault for the damages caused and therefore the federal government was ordered to pay four million dollars, representing 50 percent of the total prior settlement.
Blank Rome Successfully Represents Temple University Hospital with Arthur W. Hankin (Picture), Elaine D. Solomon and Ethan M. Simon.
Law Firms: Blank Rome LLP;
Clients: Temple University Hospital, Inc.;