$2 Million Verdict for Baby’s Stillbirth

Attorneys Daniel S. Weinstock and Carolyn M. Chopko secured a $2 million jury verdict against an OB/GYN for a baby who was delivered stillborn after the doctor erred in his interpretation of a non-stress test during a routine obstetric office visit during the client’s pregnancy.

Weinstock and Chopko argued to the jury that Dr. Kirthik N. Parthasarathy, whose practice was with Tower Health Medical Group OB/GYN in Wyomissing, Pennsylvania, and his staff failed to recognize fetal heart rate decelerations, some of which were prolonged, and were very obviously non-reassuring. These findings required further follow up, testing and earlier delivery to ensure the health of the unborn baby.

Three days after Dr. Parthasarathy failed to properly interpret the non-stress test, the child was delivered stillborn at 35 weeks, 5 days’ gestation.

Throughout the litigation, the defense strongly maintained that there were absolutely no decelerations during the prenatal testing. The defense took a lethal blow when its own expert witness, a past president of the American College of Obstetricians and Gynecologists, finally admitted at the end of cross-examination that in fact there was an ominous late fetal heart rate deceleration, which in this setting is strongly predictive of fetal death if delivery is not expedited.

The case was tried before the Hon. Caroline Turner in Philadelphia County, where Tower Health regularly conducts business.