08/26/2006 - The Citizens' Voice, Wilkes-Barre, PA

BY NICHOLE DOBO
STAFF WRITER

WILKES-BARRE — The parents of an infant who died shortly after birth will get settlement from the doctor who delivered the baby.

The couple, Renee and Robert Elmy Jr., had a son in August 2005 who died after a doctor broke the infant's skull in two places and damaged his liver while using forceps to deliver him.

The lawsuit for medical negligence was settled between the doctor, Michael Miller, and the parents. The Elmys, formerly of Wilkes-Barre, now live in Cape Coral, Fla.

As part of the settlement, $500,000 will go to the Medical Availability and Reduction of Error Fund and $1.2 million will be paid in lawyer fees to the law firm of Hourigan, Kluger and Quinn.

The parents sued alleging that Miller used too much pressure while delivering their son with forceps.

The suit originally was filed against Miller and Geisinger, but as part of the settlement Geisinger was dropped. The Elmys also agreed not to seek punitive damage, which is money paid to punish the defendant.

The infant, Joshua Robert Elmy, would have been 1-year-old Tuesday.

The boy was born at 4:20 a.m. Aug. 29. His mother had been admitted to the Plains Township hospital Aug. 28 at 10:15 a.m., according to the suit. The infant needed special care after birth that could not be provided in Plains Township, so the child was taken to Geisinger Medical Center in Danville, where he was placed on life support. The Elmys chose to discontinue the life support on the advice of doctors.