Insurer must pay $13.6M after hospital death

Hospital settles medical malpractice suits with two families for $5M

The Times Leader - Wilkes-Barre, PA

Jury Awards Nearly $10.4 Million in Infant's Death

By Tim Gulla

WILKES-BARRE - A jury awarded nearly $10.4 million to the parents of an infant girl who died from brain damage suffered during delivery at Geisinger Wyoming Valley Medical Center.

The award is one of the largest in county history. It is the second multimillion-dollar award for the death of an infant in the last year and a half. In July 1999, a Dallas couple was awarded more than $6.7 million.

"We're absolutely thrilled," said Joseph Quinn, attorney for William and Joan Godlewski, the parents of the infant, Gina Godlewski. "We think it was an absolutely right verdict."

The Godlewskis declined comment following the verdict.

The West Pittston couple sued the hospital, Geisinger Clinic and Doctors George Valenta and Robert Roe, saying the treatment Joan Godlewski received while delivering the second of twins of Feb. 21, 1998 caused irreversible brain damage to the baby, leading to her death eight months later.

Jurors determined Valenta was 60 percent responsible for the death, and found Geisinger hospital and its clinic each 20 percent liable. Roe was cleared of any negligence.

In a written statement, attorneys for Geisinger said they "respectfully disagree" with the jury's verdict.

"We continue to believe the care provided in this case by Dr. George Valenta, Dr. Robert Roe and the staff at Geisinger Wyoming Valley Medical Center was appropriate," the statement said. "Our thoughts and prayers continue to be with the Godlewski family on the loss of their baby in 1998. Our doctors, nurses, and other health care professionals ... are saddened by the loss of any patient. This is especially true in the loss of a child."

The trial in Luzerne County Court of Common Pleas lasted 11 days. Jurors deliberated for about three hours Monday before returning the verdict at about 8 p.m.

They awarded the Godlewskis $2,884,000 for wrongful death; $4 million for survival action; and $3.5 million for negligent infliction of emotional distress.

In closing arguments, the panel was asked to decide if Gina Godlewski's death was a "tragic outcome" for which no one can take the blame, as the defense claimed, or a "sordid story" of medical negligence.

"It is an extremely tragic outcome," said defense attorney Allan Starr. But he said, despite the tragedy, the doctors and the hospital and clinic are not at fault.

At the time of the emergency caesarean section Valenta performed to deliver baby Gina, he treated the patient based on his best medical judgement," said Starr.

Even though the doctor testified that, in hindsight, he would have done some things differently, the heart of the case is what he did that morning at the hospital, Starr added.

The doctor delivered the first twin, Jarod vaginally without any difficulty. He waited to see whether Gina, who was not positioned to pass through the birth canal, would move into position, Starr said.

She did not, and Valenta inserted his hand in the mother's womb to try to move the baby into position. That marked the start of the harm to the baby, Quinn argued.

Had the hospital granted the mother's repeated request for a C-section, the baby would be alive and well today, Quinn said. But the hospital and the doctors have continued to play games, distort the truth and violate state law in order to protect themselves in this case, he said.

"This is very simply a very sordid story. ... You have the chance to write the final chapter," Quinn told the jurors.