Confidential
Settlement – $700,000Facts
The subject pregnancy was essentially normal and the mother was nearing her Nov. 20, 1991 due date and
attending her scheduled OB clinic prenatal visit once a week. During the last month, she also went to urgent
care on several occasions, complaining of abdominal pain. As she had had two prior children, the mother was
convinced that these abdominal pains were different from labor pains and Braxton Hicks contractions, and
tried to make the fact known to medical personnel that "something was very different."
On Nov. 12, 1991, the mother was in such pain that she again presented to urgent care with complaints of
serious abdominal pain. She was told her "amniotic fluid was decreasing" and to make sure she saw her
OB/GYN the first thing the next morning.
As instructed, the mother went to her OB/GYN the first thing the next morning. Fetal heart monitoring
determined the baby was bradycardic and her OB/GYN told her to go immediately to the hospital. He did not
call an ambulance; he did not send her to the nearest hospital as a medical emergency; he wanted her to
transport herself from the OB clinic to the designated delivery hospital, which was about 20 minutes away.
The mother was driven to the hospital by a girlfriend and arrived at about 10-10:15 a.m. Shortly after arrival,
an internal fetal scalp electrode was inserted and she was told she would be admitted immediately as the
babyÆs heart rate was quite low. The hospital personnel were in the process of transferring her from one bed to
another, which necessitated disconnection of the wires for the fetal scalp electrode.
When the wires were reattached in the second bed, the baby was found to be profoundly bradycardic and a
crash emergency C-section was performed. Minor plaintiff had extremely low Apgar scores at birth and was
transferred to neonatal intensive care, where he remained for several weeks.
Damages
Based on assumptions derived from the motherÆs educational background and long term employment as a computer technician, loss of earning capacity is estimated for the minor at $1.76 million present cash value. Life care plan expected to total over $1.5 million present cash value, after deducting for collaterized expenses.
Injuries
The minor plaintiff has cerebral palsy and seizures not controlled with medication. His life care plan included attendant care and ongoing seizure medication. He will never be gainfully employed due to mental retardation.
Other Information
The case was settled before retired judge Richard Harris of JAMS.
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