Family Ordeal Not Over as Hospital Appeals

The Swanson family began a medical malpractice suit against Westchester Hospital four years ago as they allege the staff is responsible in an ill-fated delivery of their son on October 23, 2003.

A state Supreme Court in White Plains, New York, awarded the Swansons almost $56 million last year to put an end to their suffering, but Westchester hospital has now filed an appeal to the decision, as reported by the Chappaqua-MountKisco Patch.

Hospital spokesman, Mark Vincent, denied to comment on the trial but did state, "Patient care and safety are Northern Westchester Hospital's top priorities and our internal quality standards surpass those defined by national hospital quality measures. We believe that our staff performed appropriately in this case and that there is no evidence of any wrongdoing by hospital personnel. Based upon the lack of evidence against the hospital in this case, we have appealed the decision. Our deepest sympathies go out to the Swanson family."

There is a hearing set for November for how the $56 million payment will be structured.

According to court records, the lawsuit, filed by Bruce and Mary Swanson in April 2006, is against their obstetrician Dr. Carla Eng-Kohn and the Women's Medical Associates for negligence during the delivery of their son.

Medical staff discovered that the baby's shoulder became trapped against its mother's pubic bones, a condition call shoulder dystocia, at the time of the procedure.

Staff was able to deliver the baby, but only after the boy had suffered nerve damage, internal bleeding, bruising in the cervical area, facial and upper arm bruising.  The most disturbing was the permanent damage to his brain stem. 

A State Supreme Court jury found that both the obstetrician and the hospital staff had failed to relieve the dystocia in a timely manner to prevent the boy's permanent brain damage.  The jury's finding are stated on the website for the firm representing the Swanson's, Meagher and Meager.

His other permanent damage includes developmental delays and speech impairment.   The boy also has a condition, called aspiration pneumonitis, in which his lungs, and his airways, become inflamed from breathing in any foreign materials.

Media reports list the award at close to $56 million while the law firm's website hold it at about $60 million. Verdict Search, a national service that provides verdict and settlement information, shows this as one of the five highest jury awards handed out in the state last year.

Christopher Meagher, attorney for the Swanson's, declined to comment on additional details.  He would only say that they would prefer not to have further media attention and that, "The family would like to have as normal a life as they can, given what they have had to shoulder."

Garson DeCorato & Cohen, representing Women's Health Associates, and Feldman, Kleidman and Coffey, for Dr Carla Eng-Kohn, refused requests for interviews.

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