|
$2.5 million malpractice settlement
for infant's brain damage at birth
Trial Lawyers Report, 2006
Failure to diagnose and treat signs and symptoms of persistent fetal
heart rate decelerations resulting in brain damage
The plaintiff is a four year-old boy who suffered
a severe and permanent neurological injury as a result of the defendants’
failure to properly recognize and respond to fetal heart rate abnormalities.
The plaintiff’s mother entered the hospital on
May 3, 1999 at 11:00 p.m. at 31 6/7 weeks gestation with symptoms of fluid
leaking from her vagina. The fetal heart rate was noted to be reactive
with a baseline rate of 140-150 beats per minute (BPM) and average long-term
variability. These were good signs that the baby was doing well. The plaintiff’s
mother was evaluated and premature rupture of the membranes was confirmed.
External monitoring revealed contractions every 2-3 minutes and the plaintiff’s
mother was given betamethasone (a steroid to facilitate fetal lung maturity),
magnesium sulfate and intravenous antibiotics for unknown group B beta
strep status.
The labor was uneventful throughout the night and
into the morning. As the labor progressed in the morning, however, problems
with the baby’s heart rate began to develop. As the plaintiff’s
mother neared 7 cms. dilated (at 7:45 a.m.), the fetal heart rate was
noted to drop to 90 BPM for 4 minutes with a slow recovery to baseline.
At this point, the decision was made to bring the plaintiff’s mother
to the OR for a cesarean section. At 8:00 a.m. the plaintiff’s mother
was in the operating room being monitored by the defendants but no cesarean
section was performed. The fetal heart rate was noted to drop to 60 BPM
and essentially remained at that level until 8:55 when the defendants
finally decided to do an emergency cesarean section.
The minor plaintiff was born severely bruised and
profoundly depressed. He required resuscitation and was transferred to
the neonatal intensive care unit (NICU) for further care. The arterial
cord pH at delivery was 6.94, indicating a serious lack of oxygen. Head
ultrasounds on days 3 and 6 of life revealed a right subependymal hemorrhage
and evidence of early periventricular leukomalacia (PVL). The minor child
now carries the diagnosis of spastic diplegia. He is required to use braces
or crutches to ambulate for any distances.
The plaintiff’s experts were prepared to testify
that the defendants were negligent when they delayed over 1 hour in performing
a cesarean section in the setting of a premature child with a clear intolerance
to labor. The plaintiff was further expected to present expert medical
testimony that the minor’s brain injuries were consistent with lack
of oxygen and were not related to his prematurity.
The defendants were expected to testify that there
was no delay in performing a cesarean section in this case. The defendants
were expected to present expert medical testimony indicating that it was
appropriate to wait to perform a cesarean section due to the prematurity
of the minor plaintiff. The defendants were further expected to present
expert medical testimony that all of the minor plaintiff’s injuries
were as a result of the prematurity and that the alleged delay in delivery
played no part in this unfortunate outcome.
The case was settled one month prior to trial for
$2,500,000.
Questions about a baby's brain injuries at birth?
Do you have questions about a possible medical malpractice claim?
Contact Us - There is no fee or cost to you to have your case evaluated by our qualified medical malpractice attorneys. Call 800-866-2889 to speak with an attorney today.
Lubin & Meyer PC - Boston's Innovative 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 case archive
Return to: Lubin & Meyer home page
|
