In the wake of a recent court ruling leaving it up to a jury to decide whether unborn twins experienced pain before their death, attorneys who have not considered asserting a fetal suffering claim should be on notice that the cause of action is viable, according to lawyers.

Earlier this month, Lackawanna Court of Common Pleas Judge Terrence R. Nealon ruled in Page v. Moses Taylor Hospital that a jury should determine whether stillborn twins were capable of feeling pain and suffering while in the womb.