Kraus Jenkins Leads Successful Trial Defense of $20m+ Birth Injury Claim

February 2023 — Kraus Jenkins partner James Kraus led the successful trial defense of three nurse midwives and their practice group in a trial regarding a claim of birth injury. Plaintiffs claimed that the child suffered a stroke and hypoxic ischemic brain injury due to a delay in delivery of the infant by cesarean section. They asserted nearly $20 million in economic damages alone, in the form of future medical expenses and lost future earnings. The defense asserted that there was no undue delay in delivery, and that the stroke and hypoxic ischemic brain injury occurred remote from the delivery.

The jury deliberated for more than six hours before rendering a verdict finding that each of the nurse midwives had not been negligent in the care they provided. The jury similarly found no negligence against the co-defendant OBGYN physician and co-defendant hospital. The trial of the case lasted three weeks and is believed to be the longest trial in the history of Franklin County, Pennsylvania.

More than 15 expert witnesses testified. The defense of the nurse midwives and their practice group was a collaborative effort between Mr. Kraus and Jason Logue of the law firm of Davies McFarland and Carroll. Other defendants in the case were represented by Katherine Kravitz and Luke Weber of the Lancaster office of Barley Snyder, and Kevin Osborne of the Harrisburg office of Marshall Dennehy. The plaintiffs were represented by David Colleran of the Philadelphia–based law firm of Ross Feller Casey. The case is Smith v. Waynesboro Hospital, et al, Franklin County CCP, No. 2018-4413.