Jury Awards Fayette County Woman $2.3 Million for Pain and Suffering
Vita Monstersky v. Uniontown Hospital
Civil Action No. 08-383
The Western District of Pennsylvania
On November 6, 2009, at approximately 2:00 p.m. eight jurors returned a unanimous verdict for the Plaintiff, Vita Monestersky and against the Uniontown Hospital in the amount of $2,300,000.00. No special damages for medical bills or lost wages were in the case. The verdict was entirely for pain & suffering. The damages suffered was a total abdominal hysterectomy at the age of 18. Ms. Monestersky went in to Uniontown Hospital on October 28, 2004 for induction of labor for her second child. She successfully delivered the child on the October 28th. A routine H&H blood test was ordered by her treating OB/GYN. The laboratory at Uniontown Hospital received a panic white blood count from that test. The Plaintiff claimed that the information regarding the panic white blood count was never given to the treating physician and Ms. Monestersky was discharged on the 29th. Six days later Ms. Monestersky returned to the hospital with a serious infection and would require a complete abdominal hysterectomy on November 11, 2004 at Magee Women's Hospital. Plaintiff's counsel, Attorney Thomas E. Crenney argued that the panic white blood count was a sign of a Strep A infection. Attorney Crenney also argued that the Defendant was negligent because they lacked the proper policies and procedures to provide the test results to the treating physician. The treating physician testified that had he received the panic white blood count it would have altered his treatment of the Plaintiff. It was also argued that the hospital was negligent when the information was not properly documented in the Plaintiff's medical record. The Defense argued that the panic white blood count was not significant and in fact elevated white blood counts were routine after a mother gives birth. The defense also argued that their negligence was not the cause of Plaintiff's damages. The case was tried in Federal Court in the Western District of Pennsylvania before the Honorable Nora Barry Fischer from Monday, November 2, 2009 through Friday, November 6, 2009.