HARRISBURG — A couple's lawsuit against the federal government alleges negligence and wrongful death in connection with the death of their newborn child.
Crystal Fry and Andrew Fry, as the administrators of the estate of Jade Elizabeth Fry, filed a complaint on May 25 in the U.S. District Court for the Middle District of Pennsylvania against the United States of America alleging that medical personnel negligently deviated from the standard of care by failing to give Crystal Fry medication to reduce her levels of amniotic fluid.
According to the complaint, the plaintiffs allege that decedent Jade Elizabeth Fry was born without a pulse on August 31, 2014, at Chambersburg Hospital in Franklin County and died seven hours later. They submitted a claim with the Department of Health & Human Services seeking $1.5 million in damages on Jan. 5, 2015, which was denied on December 10, 2015, they allege. The plaintiffs holds the defendant responsible because medical personnel allegedly failed to reduce or control the amount of Crystal Fry's amniotic fluid prior to labor, negligently allowed her to go into unsupervised labor and failed to recommend a possible cesarean delivery.
The plaintiffs request a trial by jury and seek judgment against the defendant for all damages recoverable under the law in an amount in excess of the court's jurisdictional limits, plus interest, costs of suit and any other relief deems appropriate by the court. They are represented by Robin J. Marzella of R.J. Marzella & Associates PC in Harrisburg.
U.S. District Court for the Middle District of Pennsylvania Case number 1:16-cv-00984