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When Missed Volvulus (Twisted Bowel) is Medical Malpractice

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Baby Vomiting Green Bile

The Green Vomit That Changed Everything

Brendan Lupetin, Esq.

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Article written by Brendan Lupetin, EsqBrendan is a managing partner in the law firm of Lupetin & Unatin, a medical malpractice law firm located in Pittsburgh and serving Western Pennsylvania.

We experienced with helping Pennsylvania families whose children suffered preventable short gut syndrome, permanent TPN dependency, and catastrophic disability because doctors dismissed green vomit as “normal baby spit-up.

You Googled “baby vomiting green bile” or “newborn throwing up yellow-green fluid” and now you’re terrified. Your infant—maybe just days or weeks old—suddenly started vomiting a bright green or yellowish liquid that looks nothing like normal spit-up. Your baby is screaming inconsolably, drawing their legs up to their chest in obvious agony. Their belly feels hard and distended.

You rushed to the pediatrician or emergency room expecting immediate action. Instead, you heard:

“It’s just reflux. Try smaller, more frequent feedings.”

“Babies spit up. This is normal.”

“It’s probably a stomach virus. Keep them hydrated.”

You were sent home with antacids or told to “monitor” your baby. But your instincts screamed that something was terribly wrong. Hours or days later, you were back—this time with your baby in septic shock, being rushed to emergency surgery. The pediatric surgeon’s words still haunt you:

“Your baby’s intestine was twisted. It’s called midgut volvulus. The bowel is dead. We have to remove most of the small intestine.”

Now your child faces a lifetime of complications: short gut syndrome, total parenteral nutrition (TPN), feeding tubes, multiple surgeries, developmental delays, and a shortened life expectancy. You’re wondering: Could they have saved my baby’s bowel if they’d acted when I first brought them in?

At Lupetin & Unatin, we know the answer is almost always yes.

Bilious (green) vomiting in a newborn or infant is NEVER normal. It is a surgical emergency that requires imaging within 1-2 hours. When pediatricians dismiss it as “reflux” or emergency room doctors send your baby home without an Upper GI series, they are violating one of the most fundamental rules in pediatric medicine.

Whether your baby was seen at UPMC Children’s Hospital of Pittsburgh, Children’s Hospital of Philadelphia (CHOP), or a community emergency room in Erie, Allentown, or Harrisburg, Pennsylvania pediatricians are trained to recognize bilious vomiting. Yet we consistently see these failures across the Commonwealth—with devastating, life-altering consequences.

This comprehensive guide explains exactly what midgut volvulus is, why green vomit demands immediate action, the specific medical protocols doctors violated, and how Pennsylvania families can fight for justice when the system fails their child.

What is Midgut Volvulus? (The Medical Reality)

To understand if you have a case, you must first understand the condition and why it’s so time-critical.

The Anatomy: How Your Baby’s Intestines Should Work

In a healthy baby, the intestines are anchored to the back of the abdominal wall by a fan-shaped tissue called the mesentery. This keeps the bowel in proper position and carries the blood vessels that supply oxygen and nutrients to the intestinal tissue.

Malrotation: The Birth Defect That Sets the Stage

Midgut volvulus almost always occurs in babies born with intestinal malrotation—a birth defect where the intestines didn’t rotate correctly during fetal development. Instead of being securely anchored, the entire midgut (most of the small intestine) hangs on a narrow stalk of mesentery, like a flag on a flagpole.

According to research published in Pediatric Surgery International, malrotation occurs in approximately 1 in 500 live births. While many babies with malrotation never develop symptoms, approximately 40-75% who do develop symptoms will do so within the first month of life.

The Catastrophic Twist: What Happens During Volvulus

Volvulus occurs when this unstable intestine suddenly twists around the narrow mesenteric stalk—like wringing out a wet towel. This twist creates a double threat:

  1. Complete Obstruction: The twist physically blocks food and stomach acid from passing through. This is why babies vomit—and why the vomit is green (it contains bile from above the blockage).
  2. Strangulation (The Killer): The twist acts like a tourniquet, cutting off all blood flow to the entire midgut. Without oxygen, the intestinal tissue begins to die within 4-6 hours.

The “Golden Window”: A Race Against Time

According to the American Pediatric Surgical Association, the timeline for midgut volvulus is measured in hours, not days:

0-6 Hours: The bowel is ischemic (not getting enough blood) but still viable. Emergency surgery can untwist the bowel and save it completely. The baby can recover with normal intestinal function.

6-12 Hours: Tissue death (necrosis) begins. Some bowel may be salvageable, but portions may need to be removed. The child may face long-term complications but can often adapt.

12-24 Hours: Massive bowel death. The surgeon must remove most or all of the small intestine. The child is left with short gut syndrome, requiring lifelong TPN (IV nutrition), multiple surgeries, and eventual intestinal transplant. Life expectancy is significantly shortened.

Beyond 24 Hours: The dead bowel perforates (bursts), spilling bacteria and intestinal contents into the abdomen. Septic shock develops. Mortality approaches 30-40% even with aggressive treatment.

The Tragedy: The difference between a completely normal life and catastrophic disability is measured in hours—the exact window when a pediatrician dismissed your concerns or an ER doctor sent your baby home.

Early Surgery vs. Delayed Surgery: The Difference Hours Make

A 2018 study in the Journal of Pediatric Surgery analyzed outcomes for 247 infants with midgut volvulus and found that timing of surgery was the single most important factor determining outcome. This table illustrates why every hour matters:

Factor Surgery Within 6 Hours Surgery After 12-24 Hours
Bowel Viability 90%+ of bowel salvageable 70-90% of bowel dead, requires resection
Treatment Simple detorsion (untwisting), full recovery Massive bowel resection, ostomy creation
Hospital Stay 7-14 days typical 4-12 weeks, often multiple surgeries
Feeding Outcome Normal feeding within weeks TPN dependency for months to years
Long-term Impact Normal growth and development Short gut syndrome, failure to thrive, developmental delays
Survival Rate 98-100% 60-90% (lower if septic)
Quality of Life Completely normal Central line infections, liver failure from TPN, multiple surgeries, disability
Cost of Care $75,000-$150,000 $2,000,000-$10,000,000+ over lifetime
Life Expectancy Normal Significantly reduced (intestinal failure, transplant complications)
Need for Transplant None High (intestinal transplant if TPN fails)

The Critical Issue: The difference between these two columns is often measured in 4-8 hours—the exact period when a pediatrician said “let’s watch and see” or an ER doctor diagnosed “stomach flu” without ordering the required imaging.

The Red Flags: Symptoms Parents and Doctors Must Never Ignore

According to the American Academy of Pediatrics’ Pediatric Advanced Life Support (PALS) guidelines and clinical practice parameters published by the American Pediatric Surgical Association, certain symptoms in infants demand immediate surgical evaluation.

What Parents See: The Warning Signs

Bilious (Green/Yellow) Vomiting – The #1 Red Flag

This is the hallmark symptom. The vomit is not white or clear—it’s distinctly green, yellow-green, or bile-colored. Parents often describe it as:

  • “Bright green like a highlighter”
  • “Yellow-green like pea soup”
  • “Looks like bile”
  • “Nothing like normal spit-up”

Critical Fact: The American Academy of Pediatrics states unequivocally that bilious vomiting in a neonate or infant is a surgical emergency until proven otherwise. There is NO safe “wait and see” approach.

Inconsolable Crying and Pain

Unlike typical fussiness, babies with volvulus exhibit:

  • High-pitched, relentless screaming
  • Drawing legs up to chest (sign of abdominal pain)
  • Cannot be soothed by feeding, holding, or diaper changes
  • Periods of calm followed by sudden screaming (intermittent pain as bowel twists tighter)

Abdominal Distension

The baby’s belly becomes:

  • Visibly swollen and tight
  • Hard to touch (not soft and squishy like normal)
  • Sometimes asymmetrical (one side more distended)

Bloody Stool

In later stages, you may see:

  • “Currant jelly” stool (dark red, mucousy)
  • Frank blood in diaper
  • This indicates the bowel is already dying—an extreme emergency

Sudden Deterioration

Healthy baby one moment, then rapid decline:

  • Lethargic, won’t wake fully
  • Pale or gray skin color
  • Cold extremities
  • Rapid breathing or grunting

What Doctors Should See: Clinical Findings That Mandate Action

Bilious Nasogastric Aspirate

When an NG tube is placed and bile is aspirated from the stomach, volvulus must be ruled out immediately.

“Double Bubble” Sign on X-ray

An abdominal X-ray showing gas in the stomach and duodenum but nowhere else suggests complete obstruction—classic for malrotation with volvulus.

Metabolic Acidosis

Blood gas showing:

  • pH <7.30
  • Elevated lactate (>2.5 mmol/L)
  • Base deficit

These laboratory findings indicate tissue ischemia (the bowel is dying).

Absent Bowel Sounds

A silent abdomen in a vomiting infant is ominous—suggests the intestine is not functioning.

The Standard of Care: What Should Have Happened?

Medical malpractice occurs when a physician deviates from the accepted “Standard of Care”—the level of care a reasonably competent physician would provide under similar circumstances. For bilious vomiting in infants, the standard of care is crystal clear and backed by multiple authoritative sources.

The “Bilious Vomiting = Surgical Emergency” Rule

The Mandate: According to the American Academy of Pediatrics Section on Surgery and the American Pediatric Surgical Association, any infant presenting with bilious vomiting must be assumed to have midgut volvulus until imaging proves otherwise.

The Protocol:

  1. Immediate stabilization: IV fluids, NPO (nothing by mouth), NG tube placement
  2. Stat imaging: Upper GI series or ultrasound within 1-2 hours of presentation
  3. Pediatric surgery consultation: Surgeon notified immediately while imaging is being performed
  4. Emergency OR preparation: If imaging confirms volvulus, surgery within 1-2 hours

The Malpractice: Any delay in this protocol—sending the baby home, waiting until morning, trying antireflux medication—is a deviation from the standard of care.

The “If This, Then That” Rules Doctors Violated

IF an infant vomits green/yellow bile… THEN imaging (Upper GI series) must be ordered STAT. Diagnosing “reflux” without ruling out volvulus is negligence.

IF imaging shows a “corkscrew” sign or malrotation… THEN the baby goes immediately to the OR. “Observation” while the bowel dies is malpractice.

IF the baby has bilious vomiting + distended abdomen… THEN surgical consultation is mandatory within 30 minutes, not the next morning.

IF the Upper GI is “equivocal” or “technically limited”… THEN repeat imaging or proceed directly to diagnostic laparoscopy. Sending a sick baby home because “we couldn’t get good pictures” is negligent.

IF the baby is already in shock (lethargy, cold extremities, poor perfusion)… THEN they go straight to the OR for exploratory laparotomy. Waiting for imaging while a baby is coding violates every standard.

Pennsylvania-Specific Requirements

EMTALA (Emergency Medical Treatment and Labor Act): Federal law requires Pennsylvania emergency departments to provide appropriate medical screening examinations. Discharging a baby with bilious vomiting without imaging violates EMTALA.

Pennsylvania Hospital Licensing Regulations (28 Pa. Code § 117.33): Hospitals must maintain adequate pediatric surgical capabilities or have transfer agreements. Keeping a critically ill infant at a facility without pediatric surgery when transfer should have occurred is actionable.

Where It Goes Wrong: Common Malpractice Scenarios in Pennsylvania

At Lupetin & Unatin, we’ve represented families from Pittsburgh to Philadelphia, from UPMC Children’s Hospital to community ERs across the Commonwealth from Allegheny County, Philadelphia County, Erie, Harrisburg, and rural Pennsylvania.

The following are common negligence patterns related to volvulus:

The Scenario: A 2-week-old baby vomits green fluid. Parents show the pediatrician their concerns. The doctor says, “Lots of babies have reflux. His anatomy is still developing. Try keeping him upright after feedings.”

The Negligence: Reflux (GERD) produces white or clear vomit—it’s stomach contents coming back up. Bile is green because it comes from below the stomach (the duodenum). Green vomit means there’s an obstruction preventing bile from moving down. Reflux does not cause bilious vomiting. Any pediatrician who diagnoses reflux without first ruling out malrotation/volvulus with imaging is negligent.

What Should Happen: Upper GI series that day, or immediate referral to pediatric ER.

The Scenario: Parents bring a 6-week-old to the ER with green vomiting. The ER doctor says, “There’s a stomach bug going around. Keep offering small amounts of Pedialyte. If he keeps vomiting, come back tomorrow.”

The Negligence: Viral gastroenteritis in neonates typically causes watery diarrhea, not bilious vomiting. Moreover, the standard of care does not allow diagnosis of “stomach virus” in a baby with green vomit without first ruling out surgical obstruction. The color of the vomit determines the diagnosis—green = surgical emergency.

What Should Happen: Immediate imaging. If malrotation/volvulus is ruled out, then other diagnoses can be considered.

The Scenario: An ER physician recognizes that bilious vomiting requires imaging and orders an Upper GI series. However, it’s 9:00 PM on Friday night. The radiology tech says, “We can do this Monday morning when the pediatric radiologist is here.” The baby is admitted to the floor to “wait for the study.”

The Negligence: Upper GI series for suspected volvulus is a STAT (immediate) study—it cannot wait 48 hours for Monday morning. Either the imaging must be performed emergently (even if read remotely by radiologist), or the baby must be transferred immediately to a tertiary facility with 24/7 pediatric capabilities.

What Should Happen: Upper GI performed within 1-2 hours regardless of time/day, or immediate transfer to CHOP or UPMC Children’s.

The Scenario: Imaging shows malrotation (the predisposing condition) but no clear volvulus on the current study. The pediatric surgeon is consulted and says, “Let’s admit for observation. If he vomits again, we’ll take him to the OR.”

The Negligence: Malrotation itself is a surgical indication—it should be repaired electively (Ladd procedure) to prevent volvulus. More critically, if the baby already has bilious vomiting, volvulus is assumed even if imaging is “technically inadequate” or doesn’t clearly show the twist. “Watchful waiting” allows the bowel to die.

What Should Happen: If malrotation is present and baby is symptomatic (bilious vomiting), surgery should be performed within hours, not delayed.

The Scenario: Upper GI series is attempted, but the baby is crying and uncooperative. The radiologist says, “I can’t get adequate images. Study is non-diagnostic.” The ER sends the baby home to “reschedule when the baby is calmer.”

The Negligence: If imaging is technically inadequate but clinical suspicion remains high (bilious vomiting), the standard of care is NOT to discharge the baby. Options include: (1) admit and repeat study, (2) proceed to diagnostic laparoscopy, or (3) transfer to tertiary center. Sending a vomiting baby home because “we couldn’t get good pictures” is abandonment.

What Should Happen: Baby admitted at minimum. If still symptomatic, surgeon proceeds with exploratory surgery.

The Scenario: A community hospital recognizes volvulus but doesn’t have pediatric surgery. They call for helicopter transport to UPMC Children’s or CHOP. Transport is delayed 3-4 hours due to weather or “no available helicopter.”

The Negligence: While not always malpractice (weather delays may be unavoidable), hospitals have a duty to stabilize and transfer emergently. If the delay is due to inadequate transfer protocols, failure to use alternative transport (ambulance), or “waiting until morning for ground transport,” this can be actionable. More critically, rural hospitals must have pre-existing transfer agreements and shouldn’t be keeping babies with confirmed volvulus for hours trying to “stabilize” them—the baby needs an OR, not prolonged resuscitation.

What Should Happen: Immediate activation of transfer protocols. If air transport unavailable, ground ambulance with lights/sirens. Baby in tertiary OR within 2-4 hours maximum.

The Devastating Consequences: What Happens When They Miss It

Short Gut Syndrome: A Lifetime of Suffering

When so much intestine dies and must be removed that the remaining bowel cannot absorb enough nutrition to sustain life, the child is left with short gut syndrome (also called short bowel syndrome or intestinal failure).

What This Means for Your Child:

Total Parenteral Nutrition (TPN) Dependency:

  • All nutrition delivered through IV line directly into bloodstream
  • Requires central venous catheter (Broviac or Hickman line) surgically placed in chest
  • TPN administered 12-18 hours daily, often overnight
  • Cannot eat normally—food by mouth may be limited or forbidden
  • Annual cost: $150,000-$300,000

Central Line Infections:

  • Average 2-4 severe bloodstream infections per year
  • Each infection requires hospitalization, IV antibiotics
  • Repeated infections damage the veins, making future line placement difficult
  • Infections can be fatal—sepsis from line infections kills 10-15% of short gut patients

TPN-Associated Liver Disease:

  • Prolonged TPN causes liver damage and cirrhosis
  • Eventually the liver fails (cannot tolerate TPN anymore)
  • When liver fails, the only option is combined intestinal-liver transplant

Multiple Surgeries:

  • Serial “bowel lengthening” procedures to stretch remaining intestine
  • Line replacements when infections damage vessels
  • Treatment of complications (adhesions, strictures)
  • Many children undergo 10-20+ surgeries before age 10

Growth and Development:

  • Failure to thrive despite TPN
  • Developmental delays
  • Learning disabilities
  • Psychosocial impacts of medical trauma

Intestinal Transplant:

  • When TPN fails or liver disease develops, transplant is the last resort
  • Extremely high-risk surgery with 50-60% 5-year survival
  • Requires lifelong immunosuppression
  • Rejection and complications common
  • Cost: $1-2 million for surgery alone

Shortened Life Expectancy:

  • Many children with severe short gut don’t survive to adulthood
  • Average life expectancy: 20-40 years depending on severity
  • Quality of life severely impacted

The Preventable Tragedy: Most short gut syndrome from midgut volvulus is entirely preventable. If surgery had been performed within 6-12 hours of the first green vomit, the bowel would have been saved. Your child would be eating normally, playing with friends, attending regular school. Instead, they face a lifetime of medical dependence—all because a doctor said “it’s just reflux.”

The Financial Impact

Lifetime Costs for Severe Short Gut Syndrome:

  • TPN: $150,000-$300,000/year x 30+ years = $4.5-9 million
  • 100+ hospitalizations: $5-10 million
  • 20+ surgeries: $2-4 million
  • Intestinal transplant: $1-2 million
  • Medications and supplies: $1-2 million
  • Home nursing care: $2-3 million
  • Lost parental income (one parent often cannot work): $1-2 million
  • Special education and therapies: $500,000-$1 million

Total: $15-30 million over the child’s lifetime

This doesn’t account for the immeasurable costs: the child’s suffering, loss of normal childhood, psychological trauma, and shortened life.

8 Red Flags Your Child’s Care Was Mismanaged (Checklist)

Use this checklist to evaluate whether the medical team followed proper safety protocols. If you check “YES” to any of these, you may have a case.

Did your baby vomit green or yellow-green (bile-colored) fluid and the doctor called it “reflux” or “normal spit-up”?

Did the pediatrician or ER doctor send your baby home without ordering an Upper GI series or ultrasound?

Did medical staff tell you “there’s a stomach virus going around” despite the green vomit?

Was your baby admitted for “observation” despite bilious vomiting, with surgery delayed until “morning” or “if he gets worse”?

Did they attempt imaging but couldn’t get good pictures, then discharged your baby to “try again later”?

Did your baby show signs of shock (lethargy, pale/gray color, cold hands/feet) that were ignored or attributed to “being tired”?

Were you told the surgery found “dead bowel” and asked afterward how long your baby had been vomiting green?

Did your baby end up with short gut syndrome, TPN dependency, or need most of their intestine removed?

Did you check multiple boxes? Your child deserves justice. Our consultation is completely free and confidential. We’ll tell you the truth about whether this tragedy could have been prevented.

What to Do RIGHT NOW If Your Baby Is Vomiting Green

If you’re reading this because your baby is currently sick, DO NOT WAIT. Time is intestine.

Call 911 or Go to Pediatric ER IMMEDIATELY

  • Do NOT wait for a pediatrician appointment
  • Do NOT try home remedies or wait to see if it improves
  • Tell 911: “My baby is vomiting bile. This is a surgical emergency.”
  • Go to a hospital with pediatric surgery capabilities if possible (UPMC Children’s, CHOP, or major medical center)

At the ER, Say These Exact Words:

  • “My baby is vomiting green bile. I need an Upper GI series STAT to rule out midgut volvulus.”
  • Do NOT accept “let’s wait and see”
  • Do NOT accept “it’s probably reflux” without imaging first
  • If they say they’ll do the test “in the morning,” demand it NOW or transfer to a hospital that can

Demand Pediatric Surgery Consultation

  • The baby needs to be evaluated by a pediatric surgeon, not just an ER doctor
  • This should happen BEFORE imaging is complete
  • If the hospital doesn’t have pediatric surgery, demand immediate transfer

Watch for Signs Your Baby Is Deteriorating:

  • Increasing lethargy (won’t wake up fully)
  • Pale, gray, or mottled skin
  • Cold hands and feet
  • Bloody or “currant jelly” stools
  • Abdomen becoming more distended and hard

DO NOT Leave Without:

  • Imaging performed (Upper GI or ultrasound)
  • Results explained to you
  • Clear plan: either (a) surgery tonight, (b) admitted for observation with surgery scheduled, or (c) surgical causes ruled out with alternative diagnosis confirmed

After Diagnosis – Preserve Your Legal Rights:

Request Complete Medical Records Immediately

  • From pediatrician’s office (all prior visit notes)
  • From ER (triage notes, physician documentation, nursing notes)
  • ALL imaging studies on CD (X-rays, Upper GI, ultrasound)
  • Laboratory results (especially lactate levels)
  • Operative report from surgery
  • Pathology report on removed bowel

Document Everything

  • Write down exact timeline: when green vomit started, when you sought care, what you were told
  • Save any photos/videos you took of the vomit
  • Note discrepancies between what doctors said vs. what charts show
  • Keep all medical bills and insurance statements

Take Photos

  • Of any surgical scars
  • Of TPN line/central venous catheter
  • Of your child receiving TPN
  • Document the reality of daily life with short gut

Contact a Medical Malpractice Attorney

  • Pennsylvania’s statute of limitations is strict
  • Evidence deteriorates quickly
  • The sooner we get involved, the better we can preserve your case
  • Initial consultation is FREE

How Lupetin & Unatin Can Help Pennsylvania Families

Midgut volvulus cases are medically complex and legally challenging. Hospitals will claim “the bowel was already dead when the baby arrived” or “we couldn’t have known it was volvulus without imaging.” You need attorneys who understand both the pediatric surgical standard of care and Pennsylvania’s specific medical malpractice laws.

Pennsylvania’s Certificate of Merit Requirement

Under Pennsylvania law (Pa.R.C.P. 1042.3), medical malpractice plaintiffs must obtain a Certificate of Merit from a qualified medical expert before filing suit. This expert must state that the standard of care was violated.

At Lupetin & Unatin, we work with:

  • Board-certified pediatric surgeons who specialize in malrotation/volvulus
  • Pediatric radiologists who review imaging for missed findings
  • Neonatologists and pediatric emergency medicine physicians
  • Experts from top institutions (CHOP, Boston Children’s, Johns Hopkins, Cincinnati Children’s)

We handle all aspects of the Certificate of Merit requirement—you focus on caring for your child.

We Act as Forensic Investigators

We Re-Read the Imaging: We hire expert pediatric radiologists to review your baby’s original X-rays and Upper GI studies. We often find:

  • The “corkscrew sign” of volvulus was visible on imaging but missed
  • The study was technically adequate despite being called “non-diagnostic”
  • Findings of malrotation were present but not acted upon

We Reconstruct the Timeline: We audit every page of the medical record:

  • When did green vomit first occur?
  • What time did you present to the doctor/ER?
  • How long until imaging was ordered?
  • How long until surgery was performed?
  • What were the vital signs and labs showing at each stage?

If your baby’s heart rate was 180 and lactate was 4.5 at 2:00 AM, but surgery wasn’t performed until 10:00 AM, we prove that 8-hour delay killed the bowel.

We Challenge the “Dead on Arrival” Defense: Hospitals often claim the bowel was “already black and dead” when surgery started, implying nothing could have saved it. We use:

  • Pathology reports (microscopic examination of bowel tissue)
  • Expert surgical testimony about viability
  • Timeline analysis proving bowel was viable when first evaluation occurred

We’ve proven time and again that bowel labeled “unsalvageable” at Hour 18 would have been completely healthy at Hour 6—when imaging should have been performed.

We Calculate True Damages: We work with:

  • Life care planners who project lifetime medical costs
  • Pediatric gastroenterologists who detail future surgeries and complications
  • Economists who calculate lost earning capacity
  • TPN pharmacists who document actual costs
  • Transplant specialists who explain need for future intestinal transplant

Free Consultation — No Fee Unless We Win

We’ve successfully represented families throughout Pennsylvania—from Pittsburgh to Philadelphia, from small-town community hospitals to major academic medical centers—whose children suffered catastrophic harm because doctors dismissed green vomit as “no big deal.”

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