$207M Medical Malpractice Judgment Upheld Against Penn Hospital

A Pennsylvania appellate court has affirmed a historic $207 million medical malpractice judgment against the Hospital of the University of Pennsylvania (HUP), following a catastrophic birth injury lawsuit. The case centered around Dajah Hagans, whose son—referred to in court documents as J.H.—was born with severe brain damage allegedly caused by a botched delivery at the hospital. J.H. was later diagnosed with cerebral palsy and now lives with profound cognitive and physical impairments, including the inability to walk or speak and a lifelong dependency on a feeding tube.

A Philadelphia jury had originally awarded Hagans $183 million, a figure later increased to $207 million with the inclusion of delay damages. The verdict marks the largest medical malpractice award in Pennsylvania's history.

The Appeal

On appeal, HUP argued that the size of the jury award was excessive, particularly the $101 million designated for future medical expenses and $80 million allocated for pain and suffering. However, a three-judge panel from the Superior Court of Pennsylvania unanimously rejected the hospital’s claims. The panel ruled that the award did not "shock the conscience," a legal standard used to determine whether a jury’s damages award is so unjust it warrants intervention.

"The jury was presented evidence on the cost of the care J.H. requires and was presented with life expectancy tables and J.H.'s life expectancy, and based its award on the evidence presented," the panel wrote. "The award does not shock the conscience."

The court similarly upheld the pain and suffering damages, stating, “Plaintiff admitted evidence of J.H.'s pain and suffering, which the jury credited. The trial court acted within the range of its discretion in finding that the award does not shock the conscience.”

Arguments Over NFL Salary Reference Rejected

The appellate panel also dismissed an argument by HUP’s legal team regarding statements made during closing arguments referencing Philadelphia Eagles quarterback Jalen Hurts’ $51 million salary. HUP claimed the reference unfairly influenced the jury by suggesting the value of J.H.'s life care needs relative to a professional athlete’s salary. However, the court found the objection was not timely raised at trial and therefore deemed it waived.

Liability of Individual Providers

The panel further rejected a separate appeal brought by the individual medical professionals involved in the case, ruling they lacked standing. The jury had not found any of them personally liable, placing responsibility solely on the hospital.

What’s Next?

With the Superior Court’s ruling, the judgment remains intact, and the hospital is now expected to satisfy the full $207 million awarded. Counsel for Hagans welcomed the decision in a statement to Law360, saying, “Our clients are grateful for the Superior Court’s unanimous opinion and affirmance of the judgment. They look forward to receiving the compensation awarded by the jury to provide for J.H.’s long-term care and otherwise remedy his catastrophic injuries.”

Defense counsel did not respond to requests for comment following the ruling. However, during oral arguments in February, hospital counsel Maureen McBride of Lamb McErlane PC argued the verdict was unprecedented and excessive, stating, “The judgment is over $200 million, which is greater than the GDP of some small countries.”

Law Firms Involved

Plaintiff Dajah Hagans was represented by Charles Becker, Ruxandra M. Laidacker, and Shanin Specter of Kline & Specter PC, along with E. Merritt Lentz and H. Briggs Bedigian of Gilman & Bedigian LLC.

The Hospital of the University of Pennsylvania was represented by Joe H. Tucker Jr. of Tucker Law Group LLC, James A. Young and Richard S. Margulies of Burns White LLC, Maureen M. McBride and Andrew P. Stafford of Lamb McErlane PC, and Kathleen M. Chancler and Karyn D. Rienzi of Post & Schell PC.

Case Information

The case is Hagans v. Hospital of the University of Pennsylvania, Nos. 766 EDA 2024 and 536 EDA 2024, in the Superior Court of Pennsylvania.