WellSpan Waynesboro Hospital
HARRISBURG – A Pennsylvania appeals court won’t overturn a verdict in favor of a Franklin County hospital accused of malpractice when a woman’s child was stillborn.
The Superior Court on Oct. 28 refused to reopen the case of Kendra Nolan, whose lawsuit against WellSpan Waynesboro Hospital and others repeatedly referenced the in-utero care of her fetus.
She argued a trial judge was wrong to exclude evidence of substandard resuscitation efforts, but both courts have now ruled her complaint did not address the post-delivery care of KLN.
“(S)uch evidence was both a material variance from Nolan’s theory of liability articulated in her (second amended complaint) and would have prejudiced Defendants/Appellees by requiring them to defend against an entirely different theory about which they received no notice,” Superior Court senior judge Correale Stevens wrote.
It was alleged WellSpan failed to timely recommend and/or perform a C-section. Staff had allegedly failed to properly interpret fetal heart tracings and notify Nolan of the dangers to her child.
One claim in the SAC’s list of particulars did say WellSpan failed “to properly and/or adequately resuscitate KLN.” The Superior Court called it “generic and unspecific.”
The only other post-delivery mention in the SAC was that the defendant’ “attempts at resuscitation were unsuccessful.” But Nolan said two of her experts had put WellSpan on notice that allegations of malpractice after the stillbirth were being made.
The trial court tied the “resuscitation” allegations to efforts while KLN was still in utero, given that the complaint only detailed treatment to KLN before delivery.
