Confidential
Settlement – $2,700,000Facts
On May 17, 1993, the plaintiff's mother, a 20-year-old woman, entered the defendant hospital and came under the care of the defendant obstetrician for her clinic. The plaintiff's mother had meconium present and signs of possible early fetal distress on admission. The plaintiff's mother was put in a "low risk" area under the care of a labor and delivery nurse. A differential diagnosis revealed a possible infection ("chorioamnionitis") and the plaintiff was started on antibiotics. The plaintiff's mother was left on the low risk floor while the fetal reserve diminished and fetal distress occurred, manifested by severe bradycardia. A cesarean section was not performed and the plaintiff baby was born vaginally 37 minutes after terminal bradycardia. The plaintiff brought this action against the defendants based on medical malpractice and negligence theories of recovery.
Settlement Discussions
Numerous offers and demands were exchanged. The closest offer and demand to the time of settlement were the plaintiff's settlement demand of $2,800,000 and the defendants settlement offer of $2,250,000.
Specials in Evidence
$900,000 $3,000,000
Injuries
The plaintiff alleged that she suffered severe brain damage, cerebral palsy, developmental delay, mental retardation and spastic quadriparesis as a result of the defendants' malpractice.
Other Information
The settlement was reached approximately one year and six months after the case was filed. The plaintiff filed a motion to amend and for spoiliation of evidence and punitive damages based on a discovery that a nurse's labor and delivery flow sheet was missing from the chart. The court granted the plaintiff's motion and the missing flow sheet was located.
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