56 A.3d 914
Pa. Super. Ct.2012Background
- Appellant Natalie Catlin delivered her child at Saint Francis Hospital; Dr. Hamburg performed a Filshie tubal ligation.
- During the procedure, the Filshie clip on the right tube slipped, leading Dr. Hamburg to perform a modified Pomeroy procedure on that tube but not on the left.
- Catlin later became pregnant and terminated the pregnancy in June 2000 after medical consultation.
- Catlin underwent a total hysterectomy in May 2001 following post-termination complications and ongoing bleeding.
- Catlin filed suit on March 1, 2001, alleging medical malpractice against Dr. Hamburg and the hospital; expert Bruce Halbridge opined Dr. Hamburg breached the standard of care.
- Dr. Hamburg moved to strike Halbridge’s opinion and to limit damages for emotional distress to a prenatal through postnatal period; the trial court denied these motions, then granted relief upon reconsideration, and ultimately granted summary judgment against Catlin.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in striking Halbridge’s expert opinion | Halbridge’s opinion is admissible; it raises a material question of breach of standard. | Halbridge’s opinion is speculative and unsupported by medical basis or literature. | Court erred; Halbridge’s testimony admissible; summary judgment improper. |
| Whether damages for emotional distress were properly limited to a six-week postnatal period | Mason, Hatter, and Butler do not bar recovery for emotional distress here; no birth occurred, so six-week limit is inappropriate. | Under Mason and related rulings, postnatal damages are limited; six weeks is correct. | Damages for emotional distress should not be limited to a six-week postnatal period. |
Key Cases Cited
- Mason v. Western Pennsylvania Hospital, 499 Pa. 484 (Pa. 1982) (emotional distress damages limited when no birth occurs; goal to deter raising costs of a child)
- Hatter v. Landsberg, 386 Pa. Super. 438 (Pa. Super. 1989) (interprets 42 Pa.C.S.A. § 8305 post-Mason related to contraception failures)
- Butler v. Rolling Hill Hosp. (Butler II), 400 Pa. Super. 141 (Pa. Super. 1990) (addresses wrongful birth/conception damages under 8305)
- Casselli v. Powlen, 937 A.2d 1137 (Pa. Super. 2007) (non-economic damages in medical malpractice context)
- Hreha v. Benscoter, 381 Pa. Super. 556 (Pa. Super. 1989) (admissibility of expert testimony and reasonably certainty standard)
- Freed v. Geisinger Med. Ctr., 910 A.2d 68 (Pa. Super. 2006) (standard for expert testimony in medical malpractice reviewed)