Attorneys Fillmore & Margulies Receive Appellate Court Victory Upholding Defense Verdict

The Pennsylvania Superior Court affirmed a defense verdict for Rick Margulies and Monica Fillmore in a birth injury case on behalf of two physicians and a hospital after a 3-week medical malpractice trial in the Philadelphia County Court of Common Pleas. The case involved a child who was diagnosed with a stroke following birth, which plaintiff alleged was caused by a delay in performing her mother’s delivery. In addition to disputing the claims of delay in delivery, the defense contended that the child sustained developmental brain abnormalities that occurred long before her birth. The jury unanimously found in favor of the defendants. The Superior Court concluded that the trial court had appropriately denied the plaintiff’s request for an increased risk of harm instruction.