No Settlement in Punitive Portion of Newborn Death Suit
Joseph A. Quinn, Jr.
July 27, 1999
Despite a full day of discussions, no settlement agreement on punitive damages was reached Monday between legal counsel for an area hospital system and a Dallas couple who were awarded $6.7 million in compensatory damages last week.
A spokesperson for Attorney Joseph Quinn Jr., who is representing Heidi and Scott Schukraft in a civil action against Wyoming Valley Health Care System and Dr. Mark Polin, said Monday that Quinn had been involved in all-day discussions and hoped to have an answer by today.
Quinn was unavailable for personal contact.
Last Thursday, a jury of nine men and three women determined that the hospital system was 70 percent negligent in the Jan. 9, 1997 death of Scott Schukraft Jr., and that Dr. Polin was 30 percent negligent.
Scott Jr. died on Jan. 9, 1997, moments after he was born in a state of fetal distress. Attorney Quinn argued on behalf of the Schukrafts that the infant would have survived if hospital nurses, or Dr. Polin, had responded to clear signs of fetal distress on a fetal heart rate monitor by stopping the administration of a labor-inducing drug, Pitocin, to Mrs. Schukraft.
It was alleged at trial that during a critical time-period in Mrs. Schukraft's labor, when the baby was exhibiting clear signs of distress, Dr. Polin fell asleep in a doctor's lounge.
Although he admitted his own responsibility, Polin claimed he was never advised by nursing staff of his patient's condition. He said he spontaneously awoke from his unintentional slumber only minutes before the child was born.
One nurse claimed that Polin was not asleep during this time period. Another nurse, who was at Mrs. Schukraft's side, said she relied upon Polin's and her supervisor's interpretations of the fetal heart rate monitor in allowing administration of the Pitocin to continue.
In handing up its decision last week, the jury panel determined that the care provided to Heidi Schukraft and her unborn child went beyond ordinary negligence, and instead constituted reckless indifference. This finding allowed the Schukraft's to seek punitive damages.
But rather than have the jury panel deliberate further on this issue, legal counsel representing all the parties agreed last Thursday to attempt to settle this dispute without a jury.
Quinn had said last week that he hoped to have the issue resolved by Monday. But as of yesterday afternoon, no agreement had been reached.
PLEASE NOTE: Every case is fact specific, and these results do not guaranty the same results will be obtained in a different case.
About Hourigan, Kluger & Quinn, PC
Hourigan, Kluger & Quinn is considered one of the top civil litigation and commercial law firms that has had the privilege of representing more families in the courtroom than any other NEPA firm. The attorneys at HKQ Law have been honored as Super Lawyers, Best Lawyers, Best Law Firms by US News and World Reports, and have received the AV Preeminent Rating by Martindale-Hubbel. HKQ Law was recently recognized for one of the top 20 Verdicts in Pennsylvania.
The firm’s Personal Injury Team, led by Attorney Joe Quinn, Jr., has won some of the largest verdicts and settlements in the region's history, totaling over a half billion dollars on behalf of injured clients. The Personal Injury Team focuses on a wide array of personal injury claims and civil litigation, including medical malpractice, auto and truck accidents, aviation accidents, unsafe vehicles, dangerous or defective products, workplace injuries (worker's compensation), construction site accidents, claim denials by insurance companies, dangerous drugs, defective children's products, nursing home abuse and neglect, and falls due to unsafe conditions (slip and fall).
Attorney Joseph A Quinn, Jr. is one of only 100 attorneys in the United States (and one of only three in Pennsylvania) honored with membership in the Inner Circle of Trial Advocates, and one of only 500 attorneys worldwide chosen to be a Fellow of the International Academy of Trial Lawyers. He has been a Pennsylvania Super Lawyer every year since the program began and has been listed in The Best Lawyers in America every year since the publication was established in 1987. Best Lawyers also named him top personal injury attorney for Northeastern Pennsylvania and the Lehigh Valley. In addition, Best Lawyers, in conjunction with U.S. News & World Report, has designated HKQ a Tier 1 Best Law Firm for personal injury and medical malpractice litigation in Northeastern Pennsylvania and the Lehigh Valley.
Since the inception of the firm, the Commercial / Corporate Team led by Attorney Allan Kluger has provided comprehensive, integrated legal services to many of Northeastern and Eastern Pennsylvania's largest corporations, businesses, banks, non-profits and institutions, handling matters involving labor and employment, wills, trusts and estate planning, estate administration, elder law, commercial transactions, residential and commercial real estate, zoning, land use and development, telecommunications, mediations and arbitrations, commercial litigation, title insurance, business planning and business succession, corporate/business structuring, employment discrimination law for employers, banking, creditor’s rights, finance, lender liability defense, covenants not to compete, construction law, mergers and acquisitions and other business matters.
Additional information can be found at www.HKQLaw.com or by calling (800) 760-1529.