Birth Injury Lawsuit: $3.5 Million Settlement
2023 Medical Malpractice Trial Report
Suffolk Superior Court, Boston, Massachusetts
By Robert M. Higgins, attorney for the plaintiffs
Newborn suffers severe brain and heart injuries during labor and childbirth
Case summary
On 10/22/13, the plaintiff arrived at the hospital for induction of labor for her first child. She was placed on a fetal monitor and her baby was doing well.
The following evening while still being induced, the baby’s heart rate began to show worrisome signs of decelerations and decreased variability. The defendant providers decided to attempt to deliver the child via vacuum. They attempted 3 times to deliver the baby by vacuum but were unsuccessful.
Immediately at the end of the attempted vacuum delivery, the baby’s heart rate rose to over 180 BPM with recurrent deep decelerations. These worrisome findings continued and the defendants failed to rush the plaintiff to the operating room.
Boston's Birth Injury Law Firm
Representing families in MA, NH and RI
Learn about Lubin & Meyer's representation of children who have experienced birth trauma leading
to cerebral palsy and other injuries ... Learn more.
Birth Injury Verdicts and Settlements
Read select trial lawyer reports and news coverge of some of our most significant medical malpractice and birth injury verdicts and
settlements.
Finally, after an hour of clear fetal distress, the baby was delivered vaginally. The baby was born with Apgar scores of 2, 3 and 3 and need immediate resuscitation with intubation and chest compressions to get his heart started.
The child was brought to the NICU where he developed seizures and was diagnosed with severe hypoxic-ischemic encephalopathy (HIE). He was also noted to have suffered hypoxia to his heart.
He was ultimately diagnosed with severe cardiac dysfunction and required a heart transplant at age 2. The child continues to suffer from neurologic issues from his brain injury. He is fed by a G-tube and has significant developmental delays requiring speech, OT and PT therapies right up to the present.
The plaintiff consulted with experts in obstetrics and pediatric neurology. It was their opinion that the child should have been delivered immediately via c-section when the vacuum delivery was unsuccessful. It was their opinion that his lack of oxygen and subsequent brain and heart injuries occurred in the last hour before birth.
The defense was expected to present expert testimony that the defendants provided appropriate care at all times and that the child’s injuries occurred before the last hour before delivery.
After mediation, the case settled for $3,500,000.
Lubin & Meyer attorneys Robert M. Higgins and Andrew C. Meyer, Jr. represented the plaintiff in this lawsuit.
Questions about birth injuries?
Our birth injury lawyers are experienced in lawsuits representing mothers and infants injury before, during and after childbirth.
Contact Us - There is no fee or cost to you to have your case evaluated by our birth injury attorneys. Call 617-720-4447 to speak with an attorney today.
Lubin & Meyer PC - New England’s Leader in Medical Malpractice and Personal Injury Law
Our medical malpractice lawyers are licensed to practice in: Massachusetts, New Hampshire and Rhode Island.
Return to: Verdicts & Settlements - medical malpractice case archive