The Amadios sued three obstetricians - Harvey Levin, Daniel Columbi and Martin Zeluck - contending that they negligently failed to hospitalize the mother and induce delivery of the baby after the mother had been diagnosed as having high blood pressure late in her pregnancy.
Until 1985, under Pennsylvania law, the Amadios would have been limited to bringing suit only for damages that they had suffered. They would not have been entitled to bring wrongful death and survival actions on behalf of the child's estate. The prior cases held that lawsuits under the wrongful-death action could be brought only if the victim were an "independent life in being" who could have sued on his or her own before death.
In December 1985, however, the Amadios won a state Supreme Court ruling that overturned lower court decisions in the case. The decision, by a 4-3 vote, established that "the 'live birth' or 'stillbirth' of a child will no longer be determinative of that child's status as an individual under the wrongful-death laws."
Yesterday, after a five-week trial before Common Pleas Court Judge Paul Ribner, the 12-member jury returned its verdict.
"The jury had no problem finding liability in this case," said the Amadios' attorney, Alan Schwartz. "The evidence was overwhelming."
Schwartz said Regina Amadio was diagnosed by Levin as having high blood
pressure on Sept. 26, 1979, one day before her estimated delivery date. Schwartz said the condition reduces the blood flow from mother to child, and can cause seizures to the mother and death to the baby.
