Francis and Eva Wildonger vs. Deborah Somers, M.D., Jerry Herman, M.D., SHSK, P.C., Myra Handfinger, Leslie Sokolow, and Baby Focus, Inc.

Medical Malpractice - Obstetrics - Untreated pregnancy complication resulting in death of a

fetus.

The defendant doctors claimed that placneta abruption caused the death of the fetus and that the care they provided met or exceeded the standard of care and that they were not negligent.

Claire Berkowiz commented:



I followed a particular malpractice case in Philadelphia more than 10 years ago with great interest because one of my friends received services from the agency and one of the nurses who was being sued. The nurses and their agency settled before the trial started. Their lawyer sent some young lackey just to make sure someone was listening to the case. She didn't even do that right because it was her job to tell the court about the settlement after the verdict came in. She let the court make it seem like the settlement was being applied on top of the verdict and she didn't even correct the judge when he said the incorrect number for the settlement. The attorney for the Wildongers didn't mind the mistakes and confusion because it made the paltry settlement seem like a huge victory. He planned to let everyone know about the verdict, not the actual amount of money his clients were getting. I suppose that's where sites like yours come in. You perpetuate those high numbers and it causes people to sue for anything and everything. No one takes personal responsibility. The fault always lies with someone else.



The case is Wildonger vs. Somers & Herman, Handfinger, Sokolow, & Baby Focus, Inc. The jury did find the nurses 100% at fault, but with the case already settled, the jury did not hear any defense from them. The trial date was 5/17/01. The settlement was $ 325,000 (three hundred twenty-five thousand dollars). That's what they got, period. The lawyer for the Wildongers wanted the verdict to remain in the record so he could use it as advertising. He certainly didn't want to emphasize the fact that the case settled for both nurses and the agency for $ 325,000 when the jury awarded well over a million dollars. I always wondered if the members of the jury ever thought to ask themselves why the nurses weren't there and why they weren't offering a defense.



I have a copy of the transcript when the settlement was discussed in the courtroom after the verdict came in, complete with the mistakes made by the judge, the nurses' lawyer, and the Wildongers' lawyer attempts to muddy things up. The court reporter continued to type. I don't know if I'm allowed to give you a copy, but if you really are an accurate website like you claim, don't just look at the verdict because that isn't what they got. I heard the attorney tried to undo the settlement because the judge wouldn't give him his full contingency. He did not succeed.



I know one thing, my friend and alot of other high risk pregnant women owe their beautiful children to those nurses and the agency they worked for. Those people just couldn't accept that sometimes bad things happen to good people. I know, I've been pregnant 6 times and only have 2 children, but I never sued anyone.

Defendants' verdict in favor of the physician defendants and their professional corporation with a finding that nurses, Handfinger & Sokolow and Baby Focus were 100% at fault. Plaintiffs settled before trial with the nurse defendants and their company for $1,400,343.00 ($1.4 million) on their wrongful death and survival act claims and for an additional $350,000 on Mrs. Wildonger's negligent infliction of emotional distress claim.

Richard Hausknecht, M.D., New York, New York, obstetrician and

David Bunin, M.D., Wynnewood, Pennsylvania, actuary

Marc Rosenn, M.D., Abington, Pennsylvania, obstetrician

Reported by the Philadelphia Chapter of NALS. For more information about
NALS go to http://www.nals.org or contact the Philadelphia Legal Secretaries
Association at 215-751-2487.