Facts

This case involved a child whose injuries at birth resulted in brain damage and lifelong disability. During hours of abnormal readings recorded on fetal heart rate monitors, hospital staff administered Pitocin. Eventually, a c-section was performed on plaintiff, in which plaintiff Doe was born dead after bleeding out through a fetal-maternal hemorrhage. For the first five minutes after birth, plaintiff doe's APGARS were at 0. It was not until 10 minutes after birth that plaintiff Doe began displaying vital signs. During the intervening period, plaintiff Doe suffered from catastrophic hypoxic-ischemic encephalopathy, causing life-long brain damage that continued in the years thereafter.

PLAINTIFF'S CONTENTIONS: Plaintiff and plaintiff minor contended that when fetal heart rate monitors indicated abnormal sinusoidal/sawtooth patterns, hospital staff failed to abide by internal policies barring the use of Pitocin under such circumstances. Plaintiff further contends that during this time, based on a reading of the fetal monitoring records, a c-section should have been ordered. Instead, defendant hospital administered increasing doses of Pitocin until a c-section was eventually ordered around five hours later.

DEFENDANT'S CONTENTIONS: Defendant hospital contended that plaintiff minor suffered from massive fetomaternal hemorrhage that an earlier delivery would not have avoided or mitigated. Defendant further contended that there were no clear indications of fetal distress in the monitoring, and any indications that may have existed were, at most, subtle.

Result

The case settled for $4.9 million.

Other Information

The case resolved following an unsuccessful mediation. Shortly after the mediation the parties resolved the case for $4,900,000. Doe plaintiff received $250,000 for her negligent infliction of emotional distress claim and Doe minor plaintiff received $4,650,000.