Featured Verdicts of 2004
As highlighted in Massachusetts Lawyers Weekly, January 17, 2005
Medical Malpractice Case Goes Before Jury
Excerpt from Massachusetts Lawyers Weekly article
$1.75 million – Improper Fetal Monitoring Related to Cerebral Palsy Birth At 38.5 weeks, the minor plaintiff’s mother was admitted to the hospital where her care was managed by two defendants—a nurse midwife and a nurse. The defendant nurse midwife expected vaginal delivery and ordered intermittent fetal monitoring. The evidence elicited during discovery indicated that the 24-minute strip was non-reassuring, the mother should have remained on the monitor and the minor child plaintiff should have been delivered immediately. An emergency Caesarean section was performed. When the minor plaintiff was born, he was noted to be blue, floppy and virtually lifeless, and suffering from severe perinatal depression and cerebral palsy. The defendants were prepared to present expert medical testimony that there was no way to determine when the brain injury occurred, but that there was no evidence to suggest that it occurred during the time the defendants were caring for the plaintiff.
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