Plaintiffs argue that timely delivery was required to prevent birth asphyxia
Plaintiff mother, on behalf of plaintiff-minor, sought compensatory damages from defendant hospital, doctors and hospital residents on claims of birth trauma and medical malpractice.
Plaintiff received full prenatal care and was a compliant patient. Plaintiff had a history of epilepsy and it was considered a possibility that she would be at risk for seizures from induction of labor.
At near term, Plaintiff presented to the defendant hospital with complaints of contractions and labor. Plaintiff was told she was not ready to deliver and was sent home. Plaintiff returned to the hospital a couple hours later and defendant doctors and residents induced labor.
Fetal heart tracings were nonreassuring and demonstrated the presence of cord compression over a period of 24 hours. Vaginal delivery was attempted, but active pushing caused concerning fetal heart tracings. An emergency C-section was ordered.
Baby was not breathing at birth. Apgar score was zero at one minute, and zero at five minutes. The baby was resuscitated more than minutes after birth following several failed attempts at intubation. Umbilical cord blood gases were below the normal range, indicating metabolic acidosis.
The baby experienced seizure activity and received hypothermia cooling treatment for 72 hours. Head imaging was abnormal and consistent with hypoxic ischemic encephalopathy (birth asphyxia). Plaintiff minor was later diagnosed with cerebral palsy and profound developmental delays.
Plaintiff asserted that the fetal monitor tracing from plaintiff’s labor showed nonreassuring fetal heart tones and excessive uterine stimulation, which required earlier delivery of plaintiff minor. The hospital staff managing the labor failed to respond to fetal distress and thus a C-section was not timely performed. This delay caused a lack of oxygen to the baby’s brain causing brain damage.
Defendants’ position was that plaintiff minor had microcephaly at birth, suggesting a chronic in utero injury and injury before labor. Defendants also asserted that there was a very short life expectancy given plaintiff minor’s lack of mobility and feeding tube.
Defendants also argued that cord compression is common as labor progresses, and that the C-section was timely performed when fetal monitoring became concerning.
The case settled pre-suit for $4.75 million.
Type of action: Medical malpractice, birth trauma
Type of injuries: Cerebral palsy
Court/Case no./Date: Confidential; confidential; Dec. 1, 2013
Are you in need of a birth injury lawyer?
Download our birth injury reference guide.
No comments:
Post a Comment