Family awarded $47M in malpractice suit

A federal jury in Johnstown awarded a $47 million medical malpractice verdict to a Texas family whose daughter was permanently injured after she was born prematurely at Conemaugh Memorial Medical Center.

The award Thursday is believed to be one of the largest ever in a medical malpractice case in U.S. District Court in Pennsylvania.

The girl, now 5, was born at the Johnstown hospital in 2012, when her parents, Ian Harker and Corradina Baldacchino, were in town for the holidays.

The newborn had swelling on the side of her head, a naturally occurring phenomenon following some childbirths, and physician John O. Chan treated it by wrapping elastic bandages around her head.

The bandages remained in place for several days even though the baby appeared to be in pain and her head and eyes continued to swell, according to Dominic Guerrini, the attorney who represented the girl’s family. When the bandages were removed, he said, doctors found that the girl was cut and bruised and had fluid oozing from her head.

An expert who testified at the trial said no known medical literature recommends using bandages on an infant to treat swelling. Dr. Chan admitted that wrapping a baby’s head in elastic bandages was not common practice in the U.S. and said he learned it during medical training in the Philippines.

The girl now has a deformed head and is unable to grow hair on much of her scalp and will need surgery, jurors were told. occurred about 1:30 p.m. in the 2100 block of Duncan Avenue, according to Allegheny County police.

The 61-year-old woman in the first vehicle that was struck was taken to a hospital, where she died.

The 19-year-old driver, according to police, had a clear line of sight and weather was not a factor. Charges are expected to be filed after the investigation is finished, police said.