Confidential settlement with hospital and obstetrician for 8-year-old boy with CP.
Lawyers for the family argued that the infant sustained severe brain damage at birth as a result of chronic and acute hypoxia which could have been prevented had the mother's severe preeclampsia during the pregnancy been properly treated and the delivery expedited.
CALIFORNIA:
Confidential Settlement with hospital and obstetrician for 3-year-old girl with CP.
A newborn GIRL required extensive resuscitation and intubation, and had seizures within 24 hours of life. She sustained severe brain damage at birth as a result of birth asphyxia,and was subsequently diagnosed with cerebral palsy. Lawyers for the family argued that the fetal monitoring strips were misread and that there were at least two hours of late decelerations prior to the delivery.
COLORADO
Parents accept confidential settlement for failure to diagnose fetal distress.
A mother went to the hospital for labor and delivery. Lawyers argued that the fetal monitoring strips were misread and that the nurses failed to notify the doctor about signs of fetal distress. As a result, the delivery was delayed and the baby suffered brain damage.
DISTRICT OF COLUMBIA:
Parents of child with Cerebral Palsy accept confidential settlement with Hospital.
Mother was admitted to the hospital for induction of labor. Instead of terminating her labor and performing a cesaren section, the patient was allowed to labor with signs of a nonreassuring fetal heart rate. Eventually, an operative delivery with a vacuum extractor was attempted. The case settled after the deposition of one of the nurses.
Husband and children reach confidential settlement with hospital for wrongful death of 44-year-old wife and mother. The patient was referred to the hospital to evaluate calf pain. A doppler study was performed which allegedly ruled out deep vein thrombosis. The patient was discharged but returned to the hospital shortly thereafter with chest pain and shortness of breath. She died a few hours later from a pulmonary embolism. Lawyers for the family argued that the doppler study was negligently performed and that a proper diagnosis of deep vein thrombosis would have prevented the untimely death.
60-year-old male double amputee reaches confidential settlement with invasive cardiologist who performed cardiac catheterization and angioplasty. An interventional cardiologist performed a diagnostic cardiac catheterization on a patient who then complained of numbness and loss of sensation in his right lower extremity. Despite these complaints, the interventional cardiologist performed an angioplasty procedure the next day. Two weeks later, a surgeon performed a below-the-knee amputation on the right leg, and a lower metatarsal amputation of the left foot. The complications leading to the amputations were caused by cholesterol embolization.
64 Year Old Man Reaches Confidential Settlement for Failure to Diagnose Spinal Cord Compression After Neck Surgery. A neurosurgeon and orthopedic surgeon performed anterior cervical disk surgery. After surgery, the patient complained of numbness in his legs and arms. No one suspected spinal cord compression. Eventually, emergency surgery was performed and a hematoma was found compressing the spinal cord.
VBAC patient reaches Confidential settlement for wrongful death of her baby. The mother alleged that she was not given proper informed consent concerning the risks of a trial of labor. After her due date, she insisited on a cesarean section however the delivery was still delayed several days. the baby died from a cord accident the day before the scheduled delivery.
Confidential settlement for child with cerebral palsy. A pregant woman came to the hospital with labor pains and intermittent contractions. She was sent home and returned about two hours later in active labor. After she returned, there were signs of fetal distress. Experts for the family testified that patient should never have been sent home because the fetal monitor strip was nonreactive and that an emergency cesarean section should have been done when she returned to the hospital.
A pregnant woman alleged that she was not given proper informed consent concerning the risks of a trial of labor. During labor, she suffered a uterine rupture. The Plaintiff's experts testified that the physician and nurses negligently failed to respond to a nonreassuring fetal heart rate pattern consisting of variable decelerations, decreased variability and a prolonged deceleration and bradycarida, which required an emergency cesarean section. The case settled before any experts for the doctor and hospital were deposed.
KENTUCKY:
Family with brain-damaged child reaches confidential settlement with Obstetrician.
Lawyers argued that the obstetrician failed to recognize that the baby was post-term and to evaluate the fetus. The baby was meconium stained at birth and sustained brain damage due to asphyxia.
MARYLAND:
Parents of Child who suffered Cerebral Palsy after uterine rupture reach confidential settlement with hospital and doctor.
A VBAC patient alleged that she was not given proper informed consent concerning the risks of a trial of labor. Further, lawyers for the family argued that, despite the fact that there were signs of fetal distress and uterine rupture on the baby's fetal heart rate montoir strip, the nurses and doctor failed to take necessary steps to expedite the delivery.
VBAC patient reaches confidential Settlement for Blindness and Neurologic Injury. A pregnant woman alleged that she was not given proper informed consent concerning the risks of a trial of labor. She as an insulin diabetic patient with a prior history of shoulder dystocia and Erb's palsy. During labor, she suffered an amniotic fluid embolism. The Plaintiffs experts testified that, if a repeat cesarean section had been performed, the patient would have avoided the adverse consequences of blindness and permanent neurological injury.
Parents reach confidential settlement for misdiagnosis of vasa previa. When labor started, mother went to the hospital. Upon rupture of the membranes, she began to bleed and the baby eventually died from asphyxia. Lawyers argued that several ultrasounds taken during the pregnancy showed a velamentous insertion of the cord and a vasa previa making it mandatory that the delivery be done by cesarean section prior to labor.
Mother reaches confidential settlement for failure to diagnose fetal distress. A diabetic mother went to the hospital for induction of labor. Lawyers argued that the fetal monitoring strips were misread and that the delivery should have been expedited.
4-year-old boy with CP receives $2.55M from hospital and obstetrician. A newborn boy sustained severe brain damage at birth as a result of birth asphyxia,and was subsequently diagnosed with cerebral palsy. The fetal monitoring strips showed that the baby was in fetal distress and needed to be immediately delivered.
Confidential settlement for brain-damaged newborn with neonatal hypoglycemia. A baby boy, born at 36 weeks, was diagnosed with hypoglycemia during the first 2 hours of life. For the next 2 days, the blood sugars continued to be unstable and the baby continued to receive dextrose solutions. On day 3, it was discovered that the dextrose solution provided by the pharmacy was incorrect. During the first year of life, the infant failed to meet developmental milestones and was diagnosed with cerebral palsy.
Confidential settlement for vbac patient and child with cerebral palsy.
A pregnant woman with a prior cesarean section alleged that she was not given proper informed consent concerning the risks of a trial of labor. During labor, she suffered a uterine rupture. Experts for the family testified that the physician and nurses failed to properly respond and intervene when severe variable decelerations and a prolonged bradycardia appeared, either of which required an emergency cesarean section.
MINNESOTA:
A 12 year old boy with Cerebral Palsy achieves a confidential seven figure settlement.
Experts for the child testified that a family practitioner and obstetrician failed to recognize signs of fetal distress during labor of a postdated pregnancy and to order an expedited delivery via a cesarean section.
MISSISSIPPI:
Wrongful death settlement for family whose baby died shortly after birth.
A 33-week baby girl died 7 hours after birth. The obstetrician failed to administer antibiotics prior to the delivery. Although the defendants tried to argue that infection played no role in the death of the newborn, lawyers for the family were able to show that that the baby was exposed to Group B Strep organisms in utero.
MISSOURI:
Blind 20-year old receives confidential settlement from Hospital and Obstetrician for failure to diagnose and treat severe preeclampsia.
While in the hospital, mother developed severe hypertension suggesting preeclampsia. She began to complain of headaches, She never received magnesium sulfate and experience a major seizure which left her permanently blind.
NEW JERSEY:
Confidential settlement for 5-year-old boy with lung damage and developmental delay due to Group B Strep infection.
A baby tested positive for group b strep infection and developed severe lung complications. Lawyers for the family argued that the obstetrician had a duty to administer antibiotics at the onset of labor because it was a preterm delivery. Lawyers also argued that the hospital should have administered antibiotics immediately after birth.
NEW YORK:
$4.1 Million Settlement for delayed diagnosis of fetal distress and failure to perform timely cesarean section.
During labor, mother was administered Pitocin over the course of several hours. The major claim was that, during this time, the fetal heart monitor showed signs of stress and distress and the pitocin led to hyperstimulation and excessive uterine activity. The newborn required resuscitation, developed seizures several hours after birth, and has been diagnosed with cerebral palsy and cognitive abnormalities. The HospitalŐs main defense was that the childŐs injuries resulted from a prenatal stroke.
8-year-old girl with CP receives $2M from hospital and obstetrician. A newborn girl had Apgar scores of "0" at 1 minute and "3" at 5 minutes. She was subsequently diagnosed with cerebral palsy. The fetal monitoring strips showed that the baby's condition had deteriorated over time and that the bad outcome could have been prevented by expedited delivery.
$1.65M settlement with hospital and obstetrician for 4-year-old boy with CP. A newborn boy was born with severe metabolic acidosis and began to have seizures within the first 24 hours of life. He sustained severe brain damage at birth, and was subsequently diagnosed with cerebral palsy. The fetal monitoring strips showed that the baby's condition was deteriorating over time and that the baby was in fetal distress. Lawyers argued that the bad outcome could have been prevented by expedited and timely delivery by cesarean section.
Preterm baby with cerebral palsy receives confidential settlement. After a pregnant woman came to the hospital, an electronic fetal monitor showed a nonreassuring strip. Despite this fact, a decision was made to transfer her to another hospital, where the fetal heart rate continued to be nonreassuring. The family argued that the brain damage could have been prevented with a timely delivery.
Confidential settlement for child with cerebral palsy. Mother was admitted to the hospital with mild pregnany-induced hypertension. During labor, the fetal heart rate developed persistent decelerations and a rising baseline. A vacuum delivery was unsuccessful after which a cesarean section was ordered. During the delay, a prolonged bradycardia started. The family argued that the baby would not have suffered brain damage due to asphyxia if a timely cesarean had been ordered and performed.
NORTH CAROLINA:
Confidential settlement with hospital for child with cerebral palsy.
Pitocin was ordered to augment labor in a patient who was making adequate cervical change. Late decelerations began with decreased variability, however, the pitocin was not turned off. Experts for the family testified that the baby was exposed to prolonged hypoxia and was born with brain damage due to asphyxia.
PENNSYLVANIA:
Confidential settlement with hospital and doctor for Cerebral Palsy child with meconium aspiration and pulmonary hypertension.
Cervidil and Pitocin were ordered to induce and augment labor in a patient with a nonreassuring fetal heart rate. Late decelerations with decreased variability continued. Experts for the family concluded that, during the delay, the baby was exposed to prolonged hypoxia which caused the baby to develop meconium aspiration and pulmonary hypertension. The combination of these complications led to postnatal damage to the watershed areas of the brain.
TENNESSEE:
Jury Awards $4.5M to Child with Cerebral Palsy.
A Davidson County jury decided that a baby born to a mother who suffered a uterine rupture of an unscarred uterus suffered a preventable brain injury to the deep central gray matter of his brain. The jury found that both the attending physician and the nursing staff at the hospital were at fault and that the baby's brain damage would not have occurred if they had followed the recognized standard of care in Nashville and in similar communities.
Child with Cerebral Palsy Reaches Confidential Settlement with Hospital. A pregnant woman had clinical signs of failure to progress and cephalopelvic disproportion during the second stage of labor. Instead of terminating her labor and performing an operative delivery, the patient was allowed to labor during the second stage for almost eight hours. Even after a nonreassuring fetal heart rate appeared, the delivery still was not expedited. The Defendants claimed that the child had a shortened life expectancy due to her feeding tube and other injuries. The case settled shortly after the deposition of one of the Defendants' obstetrical experts.
A patient with two prior cesarean sections was permitted to attempt a trial of labor. The patient's labor was augmented with pitocin, but she made little progress. Nonreassuring fetal heart rate patterns developed and eventually a cesarean section was performed due to dystocia and fetal distress. The arbitrator found that, if the labor had been terminated and a cesarean section performed sooner, the infant would not have suffered an intrauterine stroke which, according to the Arbitrator, occurred during the last few hours of labor. The arbitrator awarded damages for the child's right-sided hemiparesis and other related injuries due to the neonatal stroke.
12 year old girl with CP settles with Hospital and Obstetrician. Mother complained to her obstetrician that she felt the baby was moving less. No fetal tests were ordered. She arrived at the hospital with clear signs of fetal distress, however, the delivery was still delayed. The baby was asphyxiated at birth. The defense tried to argue that the baby suffered a stroke days before the delivery.
JURY awards $6M to estate of brain-damaged girl. A Prince William County jury ordered an obstetrician to pay $6 million to the estate of a brain-damaged girl, based on his failure to recognize that the baby was growth restricted -- a clear indication that the placenta was not properly nourishing the fetus. The pregnancy was further complicated by the fact that the fetus developed outside the uterus in her mother's abdomen.
Please Note:
This web site is not intended as legal advice on cerebral palsy, and is not a substitute for obtaining guidance from your own legal counsel about cerebral palsy litigation. It provides general educational information about the standards of care and causation issues that can arise in obstetrical malpractice and cerebral palsy litigation. Readers of the articles contained within this web site should not act upon the cerebral palsy information without first consulting with a lawyer who is experienced in evaluating and litigating cerebral palsy and obstetrical malpractice cases. Mr. Apfel is admitted to practice law in Maryland and the District of Columbia. When Mr. Apfel is asked to participate in cerebral palsy
litigation filed in other states, he will associate with, and act as co-counsel with, an attorney licensed in that state who is familiar with the local laws and procedures.
