For more than 40 years, Pennsylvanians who have suffered catastrophic injuries due to the negligent or malicious actions of others have turned to Victor, Jeffrey and now Ernest Pribanic for justice. The brothers and founding partners of Pribanic & Pribanic are renowned for their record of success in the areas of medical malpractice, products liability, premises liability, severe injury and wrongful death.
In the area of birth injuries, Pribanic & Pribanic has particularly stood out from their peers. The firm has a strong reputation for litigating claims stemming from severe birth injuries caused by negligence, faulty diagnosis or medical error. The most recent case was litigated in Mercer County, where the firm represented a five-and-a-half-year-old girl and her mother in a birth injury suit.
The injury was preventable. During delivery, the girl’s right shoulder was caught on the mother’s pubic bone, trapping the child. She suffered a brachial plexus injury as a result and long-term damage to her right arm.
As Teddy Roosevelt said: ‘Aggressive fighting for the right is the noblest sport the world affords.’”
“This was an avoidable injury that quickly escalated into an emergency,” notes Victor H. Pribanic, who was named Best Lawyers “Lawyer of the Year” in 2023 in Pittsburgh for Personal Injury Litigation – Plaintiffs. Pribanic is an eight-time “Lawyer of the Year” award-winner, receiving the honor a combined seven times since 2010 for Product Liability Litigation – Plaintiffs and Medical Malpractice – Plaintiffs. “At that point, the risk increases but the manner of delivery must still be controlled.”
Medical bills and therapy for the child were voluminous. The child’s mother—a single parent—knew that something was awry during the delivery and sought Pribanic & Pribanic’s representation for justice. The onset of the COVID-19 pandemic delayed and lengthened the proceedings. But perseverance and preparation paid off in October 2022, when the firm went to trial against the doctor and his insurer.
Victor Pribanic, Ernest Pribanic and partner Philip Chapman represented the client, working with the girl and her family to help them acclimate to the courtroom and the gaze of the jury. The child demonstrated her arm’s limitations, supported and explained through the testimony of Pribanic’s expert witness, a physical medicine doctor.
Just after Victor Pribanic finished delivering his closing statement, the case was settled for a confidential sum.
“The settlement amount provided fair compensation for our client and her family,” notes Pribanic, a career-long member of the American Association for Justice and the Pennsylvania Association of Trial Lawyers. “We would have liked to have heard the jury’s verdict, but we felt the resolution was best and safest for her.”
The confidential settlement will provide therapy and support for the child and her mother. Though no one will know how the jury would have decided, Pribanic received insight from one Mercer County juror, who reached out via email in 2023:
“I wanted to compliment your entire legal team on their work on that case. It was obviously frustrating to have the case settled at the eleventh hour, but I have to believe it was because the defense saw the case was so thoroughly argued and there was no chance of not being found liable. I actually have encouraged a friend’s family to reach out to your firm with my reference, being that you were the definition of professionalism and preparedness. Jury duty was hard on my bottom line, but your attorneys were able to salvage its value.”
This letter exemplifies how deeply Pribanic & Pribanic’s trial advocacy can affect a jury.
“This sort of feedback is invaluable, because we believe in our clients and our arguments,” Pribanic says. “That this case resonated months afterward with our juror reinforces that we are fighting the good fight.
“As Teddy Roosevelt said: ‘Aggressive fighting for the right is the noblest sport the world affords.’”
