Cerebral Palsy Lawsuit Settlement: $1M

2015 Medical Malpractice Trial Report

Lawsuit claims obstetrician's delay to deliver by cesarean section results in brain injury and diagnosis of cerebral palsy

The minor plaintiff, a now 9-year-old girl, suffers from severe and permanent neurological injuries as a result of a birth injury she sustained in August 2005.

On 8/16/05, the minor plaintiff’s mother presented to the hospital for abdominal pain and decreased fetal movement and was admitted to rule out pre-term labor. The baby’s fetal heart rate was noted to be elevated with decreased variability. The plaintiff’s expert was expected to testify that upon admission, the baby’s heart rate required the defendants to perform an immediate cesarean section.

Over the next several hours the mother required oxygen and became dizzy with a drop in her blood pressure. The baby’s heart rate dropped drastically and required the continued use of oxygen. Due to the non-reassuring fetal tracings, a maternal fetal medicine physician was called to examine the mother and recommended delivery by cesarean section. Despite this recommendation a cesarean section was not performed for about one hour and twenty minutes. The defendant obstetrician failed to perform a cesarean section at that time, and the plaintiff continued to labor subjecting the baby to a prolonged period of decreased oxygenation and perfusion which caused catastrophic brain damage.

The baby’s Apgars were 5, 6, and 7, and she required oxygen at birth. She remained hospitalized for 6 weeks, was diagnosed with brain abnormalities which result from decreased oxygen to the brain and was later diagnosed with cerebral palsy. She continues to require assistance with many activities and receives physical and occupational therapy regularly.

The plaintiff alleged that the defendant obstetrician should have recognized the problems on the fetal monitor strip and performed a cesarean section. It was the plaintiff’s contention that the child’s brain injury would have been prevented had she been delivered earlier.

The case was settled days before trial for One Million ($1,000,000) dollars.

Lubin & Meyer attorney Robert Higgins represented the plaintiff in this lawsuit.

Questions about a birth injury?

Do you have questions about a possible birth injury / medical malpractice lawsuit related to the mistakes made during the delivery of a baby?

Contact Us - There is no fee or cost to you to have your case evaluated by our qualified birth injury 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 - medical malpractice case archive

Return to: Lubin & Meyer home page