$8 Million Verdict Against Pennsylvania Hospital in C-Section Injury Case

ByWendy Ketner, M.D.

|

Updated on

Surgeons performing c-section

In December 2013, Laura Rongione underwent a cesarean section at Abington Memorial Hospital during the delivery of her child. The procedure, performed by Dr. Kanli Jiang, allegedly resulted in the transection of her uterine artery. Rongione’s vitals rapidly declined post-surgery, leading to two cardiac arrests and necessitating emergency surgical intervention, including a hysterectomy. Rongione and her husband filed a lawsuit, claiming that Jiang failed to properly inspect her uterine artery during the C-section, despite the complications.

In June 2023, a jury ruled in favor of the Rongiones, awarding $8 million in damages, including $5.5 million for pain and suffering and $2.5 million for loss of companionship.

The Hospital’s Appeal

Abington Memorial Hospital appealed the verdict, contesting several aspects of the trial:

  • Expert Testimony: The hospital argued that the plaintiffs’ expert, Dr. John Elliott, failed to establish the standard of care required of Dr. Jiang. Jiang testified that she inspects the uterine artery “in every single case,” while Elliott contended that no inspection was documented in post-surgery notes.
  • Causation: The hospital challenged Elliott’s assertion that Jiang’s failure to inspect caused the artery transection, claiming insufficient evidence linked this to Rongione’s complications.
  • Comparative Negligence: The hospital sought to argue that Rongione’s alleged refusal to push during delivery contributed to the C-section and subsequent complications. However, their expert, Dr. Owen Montgomery, could not definitively testify that this refusal caused the artery’s rupture.

The Pennsylvania Superior Court panel rejected these arguments, affirming the jury’s verdict. The court highlighted evidence, including Jiang’s admission that she could not specifically recall inspecting the artery and reports from a second surgery indicating a complete transection.

Key Testimony and Evidence

During the trial, several critical pieces of evidence and testimony shaped the jury's decision:

  • Expert testimony established that proper care required inspection of the uterine artery, which Jiang could not confirm performing.
  • A report from the second surgery identified the transection, with Rongione’s experts linking it to the original procedure.
  • The jury considered statements from Rongione’s family members, who testified that a surgeon remarked, “We messed up” after the second operation. This testimony was admitted under an exception to hearsay rules, which allow statements from agents of a party opponent.

Potential Damages

The $8 million award addressed Rongione’s profound physical and emotional suffering. Her cardiac arrests and emergency hysterectomy significantly impacted her health and quality of life. The damages also included compensation for the loss of spousal companionship and shared activities with her husband.

The Law Firms Involved

The Rongiones were represented by Kline & Specter PC, a leading personal injury firm with significant experience in medical malpractice cases. Abington Memorial Hospital’s legal team included attorneys from Marshall Dennehey PC, Post & Post LLC, and Lamb McErlane PC.

What’s Next?

The Pennsylvania Superior Court’s decision to uphold the jury’s verdict signals a firm stance on hospital accountability. “We are heartened that the Superior Court quickly affirmed the judgment in Ms. Rongione's favor,” said Charles Lyman Becker of Kline & Specter PC. He expressed confidence in the eventual resolution of the appellate process to secure full accountability for the hospital’s negligence​​.

About the author

Wendy Ketner, M.D.

Wendy Ketner, M.D.

Dr. Wendy Ketner is a distinguished medical professional with a comprehensive background in surgery and medical research. Currently serving as the Senior Vice President of Medical Affairs at the Expert Institute, she plays a pivotal role in overseeing the organization's most important client relationships. Dr. Ketner's extensive surgical training was completed at Mount Sinai Beth Israel, where she gained hands-on experience in various general surgery procedures, including hernia repairs, cholecystectomies, appendectomies, mastectomies for breast cancer, breast reconstruction, surgical oncology, vascular surgery, and colorectal surgery. She also provided care in the surgical intensive care unit.

Her research interests have focused on post-mastectomy reconstruction and the surgical treatment of gastric cancer, including co-authoring a textbook chapter on the subject. Additionally, she has contributed to research on the percutaneous delivery of stem cells following myocardial infarction.

Dr. Ketner's educational background includes a Bachelor's degree from Yale University in Latin American Studies and a Doctor of Medicine (M.D.) from SUNY Downstate College of Medicine. Moreover, she is a member of the Board of Advisors for Opollo Technologies, a fintech healthcare AI company, contributing her medical expertise to enhance healthcare technology solutions. Her role at Expert Institute involves leveraging her medical knowledge to provide insights into legal cases, underscoring her unique blend of medical and legal acumen.

background image

Subscribe to our newsletter

Join our newsletter to stay up to date on legal news, insights and product updates from Expert Institute.