State Supreme Court Sends Major Ross Feller Casey Case To Trial

View all news posts

As a result of a Pennsylvania Supreme Court decision, a jury will now hear a major Ross Feller Casey medical negligence lawsuit against doctors who failed to report suspected abuse to an infant who later sustained catastrophic injuries at the hands of his father.

The precedent-setting case litigated by Ross Feller Casey founding partner Joel Feller involves doctors who, over several months, suspected an infant was being abused, but never alerted authorities. The child was later discovered in his crib with cranial hemorrhaging as a result of shaking by his father. The child now suffers from irreversible brain damage. His father was later convicted of felony child abuse.

At issue in the case is whether the state’s Child Protective Services Law allows for such civil cases against doctors because the statute is silent on the issue.

Earlier, the state Superior Court reversed a Lancaster County judge's ruling. The appellate court found that Ross Feller Casey successfully presented a prima facie case that the doctors increased the risk of harm to the child by not reporting the suspected abuse. Although the General Assembly didn’t specifically address civil remedies in the law, lawmakers never intended to grant immunity to doctors in such cases, the appellate court ruled.

The state Supreme Court let stand that appellate ruling on March 24, positioning the case for trial.

Feller told The Legal Intelligencer newspaper that he was pleased that the child will now “have his day in court.”

Added Feller, “By ignoring the signs of abuse for over three months, these pediatric physicians increased the risk of precisely the type of catastrophic and irreversible brain injury that this infant ultimately suffered.”

Read the Story

Disclaimer - Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.

AS SEEN ON

  • NBC
  • CNN
  • ABC
  • CBS
  • AP
  • The Philadelphia Inquirer

Contact us for an initial consultation

If you would like a member of our staff to contact you for a free initial consultation on your case, please complete this form, or call us toll-free at 215-515-4401.

  • Ross Feller Casey, LLP One Liberty Place 1650 Market St, Suite 3450 Philadelphia, PA 19103

    This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

    Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

    Copyright © 2016 Ross Feller Casey, LLP