Confidential
Settlement – $225,000Court
Case Not Filed
Attorneys
Plaintiff
Michael M. Berger
(Manatt, Phelps & Phillips LLP )
Defendant
Facts
In the spring and summer of 1997, plaintiff was informed by defendant that she was pregnant with twins. The defendant obstetrician provided prenatal care for the plaintiff. As the prenatal records indicate, the pregnancy was uncomplicated and the fetuses were in good condition.
On Sept. 2, 1997, at defendantÆs recommendation, plaintiff presented to the hospital for induction of labor. At approximately 3:10 p.m., plaintiff gave birth to the first twin, a healthy baby boy. Shortly thereafter, the fetal heart tones of the second fetus showed distress. The chord has apparently wrapped around the neck of the second baby. For the next 28 minutes, the defendant attempted to deliver the second fetus vaginally through various allegedly traumatic means, including the use of a vacuum extraction.
At 3:43 p.m., the plaintiffsÆ second son was born with an Apgars of 1, 4 and 4. Due to the lack of adequate oxygenation, the second baby suffered irreversible brain damage. Shortly after birth, the child was noted to have severe anoxic encephalopathy with seizures, spastic quadriparesis involving the brain stem, hypertonia and an inability to suck and swallow. A feeding tube was placed into the childÆs stomach in order to provide him with adequate nutrition.
After the baby was discharged from the hospital weeks after his birth, he was almost immediately rushed back into the hospital due to respiratory distress and apnea. At that time, the baby was placed on DNR code by the parents so that he could escape the pain and suffering. The baby remained in the hospital for an additional few weeks before again being discharged from the hospital.
On Dec. 18, 1998, plaintiffÆs son died from medical complications which allegedly occurred during his birth. The plaintiffs brought a wrongful death action for the loss of their baby.
Settlement Discussions
This settlement occurred approximately 60 days after plaintiff's counsel of record substituted into this matter. Previously, this matter had been ongoing for 15 months without any settlements offers from defendant.
Injuries
Death of a child.
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