Confidential
Settlement – $1,015,000Facts
On April 26, 1997, the plaintiff presented to defendant hospital for labor pains. The plaintiff was evaluated as 41
and 4/7 weeks by date, 42 weeks by examination. Labor ensued and the membranes were ruptured as 3:30
p.m., revealing meconium staining of the amniotic fluid. Over the course of the next 12 hours, the plaintiff and
the fetus were monitored by the nursing staff at the defendant hospital. Over that period of time, the fetal
monitor strips showed signs of fetal distress including, but not limited to, increasing heart rate of the fetus,
limited accelerations and decreased variability. Despite these signs, the records do not indicate the labor and
delivery nurses informed the defendant obstetrician of any problems with the monitoring strips.
On April 17, at approximately 12:30 a.m., the fetus developed tachycardia with limited accelerations. The
infant was finally delivered vaginally at 3:30 a.m., with Apgars of 1 at 1 minute, 6 at 5 minutes and 7 at 10
minutes. The child was in severe metabolic acidosis as evidenced by the arterial blood gases taken
approximately 30 minutes after birth. Once the child was born, she was noted to be depressed and the neonatal
intensive care unit team was paged to assist the child.
During the course of her limited hospitalization following her birth, the child was diagnosed as having
seizures, suffering from cerebral edema, respiratory problems, etc. The child has remained under the constant
medical care of a team of physicians due to her ever increasing and multiple birth injuries.
Injuries
The child suffered severe hypoxia which caused cerebral palsy, respiratory problems, seizures, visual impairment, inability to sit up or stand up, difficulty eating, growth retardation and inability to walk. The mother suffers stress, anxiety and depression as a result of the injuries.
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