State Supreme Court Sends Major Ross Feller Casey Case To Trial

ross-feller-csaey_735.jpg

How To Get Your Free Initial Consultation

To start an evaluation of your case, please complete the form below. The more information you can provide, the better able we will be to determine if we can help you.

We will review the information and let you know by email shortly if we may be able to handle your matter and what the next steps may be.

*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.

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.” See the article below:

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.