Brendan Lupetin, Gregory Unatin and firm founder Jerry Meyers* represented the Miller family in a medical malpractice lawsuit against Tyrone Hospital in Blair County, Pennsylvania. After three years of litigation the case came to trial in the Court of Common Pleas of Blair County. Brendan Lupetin and Greg Unatin just completed a trial of the case which resulted in a jury award for Christopher Miller of $10.83 million dollars. Christopher suffered permanent brain damage during an MRI at Tyrone Hospital. Mr. Miller experienced an allergic reaction to gadolinium, a contrast medium commonly used in the performance of MRIs. He developed difficulty in breathing even before all the contrast was administered. Though the reaction was witnessed no resuscitation was administered prior to hypotension and then cardiac arrest ensuing. The delay in treatment caused Christopher, though eventually regaining cardiac and respiratory function, to suffer permanent brain damage that left him with the mental acuity of a young child.
“It is a really sad case because a wonderful father, son and brother has been left permanently brain injured – and that won’t change. Though not a fix, this verdict will provide the family the money they need to properly care for their son” said attorney Brendan Lupetin.
“This case involved overt negligence. Our client’s injury was completely preventable. But the defendants refused to accept any responsibility at any point which is why we were forced to try this case. Fortunately, the jury saw the truth and held the right defendants responsible.”
This case is among the very first in-person civil jury trials conducted in the state of Pennsylvania since the beginning of the pandemic. Lupetin praised the Blair County Courthouse, saying “the staff and especially Judge Jackie Bernard should be commended for all their hard work that allowed this important trial to go off without a hitch. It was truly seamless from start to finish.
Mr. Miller’s family expressed their profound gratitude to the jurors for holding the hospital and staff 100% responsible for negligence. “All the money awarded will go into a trust fund for our son,” his father said. “His future care was the reason we pursued this.”
*Jerry Meyers retired from the firm on June 30, 2021.