Facts

Shortly before midnight on Nov. 26, 2017, plaintiff presented to Roe Hospital and was admitted at 40 weeks and six days gestation. By the morning of Nov. 28, plaintiff still had not delivered.

By 11:10 a.m., the patient started having severe variable decelerations, but Roe OBGYN was not notified. At 1:10 p.m., the treating nurse called Roe OBGYN to give an update and just informed him that the labor was progressing naturally and that the patient was at 100 percent effaced and at zero station. Based on his conversation with the nurse, Roe OBGYN testified that he was given the impression that the patient had a reassuring category-one strip. At his deposition, Roe OBGYN confirmed that this was incorrect as this strip showed a category II strip.

According to Roe OBGYN at his deposition, the nurse failed to inform him that there was continued fetal tachycardia or that there had been any concerning decelerations. Roe OBGYN ordered to turn the epidural off in order to promote labor. Despite the fetal tachycardia and concerning strips, the patient was ordered to push and the Pitocin is continued at 18 milliunits.

By 1:50 p.m., the strips continued to show severe fetal tachycardia with a baseline over 180. By 2:00 p.m., the strips were category III with continued fetal tachycardia of a baseline over 180 along with severe and prolonged decelerations.

By 2:10 p.m., there were extremely concerning variable decelerations. However, the patient was instead told to push. At 2:30 p.m. The nurse incorrectly categoried the strips as a "II/III."

At 2:28 p.m., Roe OBGYN was finally called. As Roe OBGYN's office was on the hospital campus, he arrived quickly and was at the patient's bedside by 2:32 p.m. By this time, there was severe bradycardia down to the 50s.

Roe OBGYN and the anesthesiologist argued about the start of the first incision as the anesthesia had not yet set in. In fact, according to the records, plaintiff was intubated after the first incision at 2:47 p.m. The surgery proceeded while plaintiff was still awake and she was in agonizing pain and discomfort.

Decedent was born at 2:54 p.m. No one called for a Code White and there was no neonatal personnel present to resuscitate the child. Instead, the anesthesiologist had to leave the management of plaintiff and instead attempt to intubate and resuscitate the newborn.

Two minutes after birth, there was still no respiratory effort and no heart rate. Even though decedent was born with an APGAR of 0, it took 3 minutes to intubate decedent, possibly as a result of having no team available. Decedent had an APGAR of 2 at 5 minutes.

A Code White was not called until 3:02 p.m. and the pediatrician did not arrive until 3:07 p.m., 13 minutes after decedent's birth. A UVC was not placed until 3:09 p.m. and decedent was not given Epinephrine until 3:13 p.m. and Sodium Bicarbonate until 3:19 p.m. The child was given two additional doses of Epinephrine.

By 3:14 p.m., decedent had a pulse of 40, which increased to 163 by 3:25 p.m. His O2 saturation rate went from 0/undetectable at the time of birth to 98 percent at 3:23 p.m.

Decedent was transferred to another hospital with a NICU that was a higher level of care around 6:50 p.m. An hour after arrival, they attempted passive brain cooling, but decedent desaturated and his heart rate dropped. They had to start cardiac compressions again and given more epinephrine. Decedent had two additional arrests and Epinephrine was maxed out. Despite continuous medical and medication support, decedent could not maintain a reliable blood pressure. Doctors at informed decedent's mother of the probability of continued futility and she authorized the discontinuation of support. Plaintiff never met her child.

PLAINTIFF'S CONTENTIONS: Plaintiff asserted medical malpractice against Hospital for its failure to inform Roe OBGYN of plaintiff's debilitating condition and its delay in calling Roe OBGYN in to care for plaintiff. Plaintiff also asserted medical malpractice against ROE OBGYN for its failure to resuscitate the newborn and its delay in calling a Code White.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions.

Result

The case resolved at a mediation with mediator Rob Denton for $280,000, with the hospital paying $250,000 and Roe OBGYN paying $30,000. The case was severely limited by the $250,000 cap on general damages pursuant to Civil Code section 3333.2 of MICRA