Baltimore County Jury Awards $34 Million After Unnecessary Emergency C-Section at 23 Weeks Left Infant with Severe Brain Damage

On December 13, 2018, Tara Anderson came to University of Maryland St. Joseph Medical Center in Towson complaining of lower abdominal cramping and back pain. The medical tests given to her that day showed no placental abruption and no confirmed signs of preterm labor. Despite those findings, hospital staff diagnosed her with preterm labor and fetal distress. Physicians proceeded to perform an emergency cesarean section. Her son was delivered at 23 weeks gestation.

Children born at 23 weeks face extraordinary odds. The delivery caused severe brain damage, and the boy was left with permanent neurological injuries requiring continuous, lifelong medical care. Court records identified the mother as Tara Anderson, acting as guardian on behalf of her minor son.

Attorneys Jon S. Stefanuca and H. Briggs Bedigian of Gilman and Bedigian LLC took the case to trial in Baltimore County Circuit Court. The two-week proceeding centered on whether the clinical picture on December 13, 2018 actually justified the intervention. Plaintiff counsel presented evidence that the operative note documented no further contractions after admission, directly contradicting the fetal distress diagnosis. The jury also considered a claim that the hospital failed to obtain informed consent before proceeding with the surgery.

On March 28, 2023, the jury returned a verdict of $33,915,000. The breakdown: $20 million for future medical expenses, $3 million for lost earning capacity, $915,000 for past medical expenses, and $10 million for pain and suffering. Under Maryland's statutory cap on non-economic damages in medical malpractice cases, the pain-and-suffering portion was reduced to approximately $1.3 million, bringing the total judgment to roughly $25.2 million. The economic damages, which account for the bulk of the award, were not subject to reduction.

The defendants were University of Maryland St. Joseph Medical Center LLC, attending physician Dr. Eshanjit Sapra, and Capital Women's Care LLC. The hospital was represented by Christina N. Billiet and Neal M. Brown of Waranch and Brown LLC; Dr. Sapra was represented by Nicholas Szokoly of Murphy, Falcon and Murphy.