$6.2 million for a child injured during a vacuum delivery — Plaintiff went to the hospital while in labor. An experienced nurse handled the birth. The mother was dilated to 9.5 cm for two hours. Although the mother was not fully dilated, the baby was delivered. However, near the time of delivery the child suffered a stroke, resulting in mild hemiparesis (paralysis on one side of the body) and cerebral palsy. The plaintiff claimed that the stroke was the result of pushing before complete dilation and the use of a vacuum and that a C-section would have prevented injury. The child will require future surgeries and may have a learning disability.
$3.9 million settlement for a child with cerebral palsy
— The plaintiff, pregnant for the first time, treated prenatally at a
clinic. She went to the hospital in labor. The fetal heart monitor, on
admission, showed the baby was doing fine. Shortly after admission,
the doctor, a member of Plaintiff’s prenatal care clinic, recognized the
baby was in a position to deliver face first. This type of delivery
requires additional monitoring and C-section is often recommended (but
was not even mentioned in this case.) The fetal monitor
used at this hospital was known to confuse the mom’s heartbeat with the
baby’s. The manufacturer recommended use of a pulse oximeter to easily
overcome this deficiency. This involves placing a little clip on the
mom’s finger – an easy and painless act. This was not done in the
Plaintiff’s case. The nursing staff claimed they had never been trained
to use the pulse oximeter. When she was delivered, this baby girl had
significant facial bruising because she was delivered face first. She
also was born depressed due to inadequate oxygen supply during
delivery. She was diagnosed with mild to moderated hypoxic ischemic encephalopathy
. The child suffers from motor delays due to mild cerebral palsy and a has a low average IQ.
$3.75 million for child with cerebral palsy, mental retardation, and developmental delays from lack of oxygen and delayed C-section
— Throughout her pregnancy, a woman missed several of her appointments
with the doctor. Late in her pregnancy, she complained that the baby
wasn’t moving as much. Testing on the day of delivery showed that the
baby wasn’t moving as much, but everything else seemed normal. Doctors
administered Cytotec (also known as misoprostol or prostaglandin E1) to ripen the mother's
cervix and induce labor. The drug's approved use is for the treatment of
ulcers but is commonly used by hospitals for labor induction, despite
recent safety warnings from the American College of Obstetrics and
Gynecology against this particular use of the drug in certain patients.
Neither the mother nor the baby responded well to the amount of drug
administered and the baby was having problems with her heart rate. The
baby suffered loss of oxygen during labor (birth asphyxia) and had seizures
and a brain bleed after birth. Now ten years old, she is mentally retarded
, developmentally delayed, and has been diagnosed with cerebra; palsy
Plaintiff attorneys asserted that too much Cytotec was administered and
because the baby was having problems during labor, doctors should have
performed a C-section earlier in the day. Defendant-attorneys’ position
was that the minor’s brain damage and developmental delays are genetic
or caused by events before her birth. This case was turned down by
another firm before Reiter & Walsh.
$5.9 million for a child with cerebral palsy and kernicterus
Jaundice occurs frequently in newborns as the liver works to clear excess bilirubin from the body. Usually the jaundice is mild, but if left untreated it
can become severe and cause brain damage. In this case, shortly after
birth, the baby developed elevated bilirubin levels and hyperbilirubinemia. The hyperbilirubinemia was not promptly treated and resulted in the baby suffering from kernicterus – a form of brain damage. Due to the brain damage, the child had cerebral palsy and needs a wheelchair and special accommodations for the rest of his life.
$4.75 million for a child with cerebral palsy, mental retardation and delays from birth asphyxia
— A young mother treated prenatally with a family practice physician.
Neither she nor her husband spoke English. Prenatal care was uneventful.
Her prenatal doctor sent her to a hospital for an ultrasound. The
ultrasound showed a 17 day discrepancy between her last menstrual period
and the size measurements of the ultrasound. Three and ½ months later,
she was having spotting and contractions. She went to the hospital
again. No translator was brought in. Her initial blood pressure was
elevated though not considered abnormal. She was placed on a fetal
monitor. Lab studies and urinalysis for protein were not performed. The
earlier ultrasound suggested that she was past her due date. She was
discharged from the hospital. A few days later she again presented at
the hospital at the direction of her prenatal care doctor. Her complaint
in triage was "bleeding x 4 days." An emergency C-section
was performed for non-reassuring fetal heart tones. The baby, however, suffered from hypoxic ischemic encephalopathy
Hypothermia head cooling treatment was not successful. The baby was
transferred to the neonatal intensive care unit and spent seven weeks in
the hospital. He was later diagnosed with mild cerebral palsy, mental retardation, and speech and language delays.
$3.85 million for child with cerebral palsy and developmental disabilities — The case involved a series of mistakes made by physicians and hospital staff which resulted in a baby being born with brain damage. The child has been diagnosed with spastic quadriplegic
cerebral palsy and profound developmental delays. He cannot walk or talk and requires feeding by tube.
Reiter & Walsh asserted in this very difficult case that the mother’s sickle cell disease, brain abscess requiring cranial surgery during pregnancy, seizures, and multiple hospitalizations during pregnancy placed her in a high-risk category. Despite being high-risk, staff and doctors managing her care did not communicate or follow-up on abnormal test results.
One such result revealed that the baby was not growing proportionally to gestational age. This finding required early
delivery of the baby, between 34 and 37 weeks gestation. Instead, the pregnancy was allowed to continue and the mother experienced a sickle cell crisis at 37 weeks. During this time the baby’s fetal heart tracings were non-reassuring and an emergency C-section was ordered but delayed. This deprived the baby of oxygen resulting in brain damage.
$3.8 million for a child who has cerebral palsy from hypoxic ischemic encephalopathy (HIE)
$3.8 million for a child who has CP from HIE because physicians failed to respond to intraunterine growth restriction, oxygen deprivation, and fetal distress
$5.0 million for a child with periventricular leukomalacia (PVL)
$5.0 million for a child with mental and physical deficits due to undiagnosed cystic PVL
$4.5 million for a child alleged to have a birth injury
$4.5 million awarded to child alleged to have been injured during labor and delivery
$2.475 million for a child with a birth injury
$2.475 million settlement for a young child injured during labor and delivery
$4.425 million settlemtn for a child with a birth injury
$4.425 million awarded to a child that was harmed by doctor’s negligence during labor and delivery
$1.875 million settlement for a child with lifelong problems caused by birth injuries
$1.875 million for birth injuries sustained to child as a result of doctor’s negligence