Facts

On Aug. 9, 2004, at approximately 6:52 p.m., Doe plaintiff was born by stat c-section. His birth weight was 3,125 grams and his length was 42 centimeters. Apgar scores were 2, 2, and 3 at one minute, five minutes and ten minutes, respectively.

Severe episodes of bradycardia preceded the stat c-section, including episodes into the 50s. At birth, Doe plaintiff had a heart rate greater than 100, but without spontaneous respirations. He was intubated at four minutes of age. Initial venous gas out of an umbilical venous catheter was PH 7.04, PCO2 was 27 and PO2 was 140. Doe plaintiff was born with severe fetal hypoxia indication of hypoxic ischemic encephalopathy.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the standard of care mandated a stat c-section significantly earlier than was ordered. Delivery was at 6:52 p.m. and based upon tracings that were non-reassuring, disorganized, and three severe bradycardic episodes, c-section should have been ordered approximately an hour and a half prior to the time of birth. As such, the standard of care was violated.

DEFENDANTS' CONTENTIONS:
The defendants contended that the standard of care was met and that the tracings were reassuring. It was not until a severe bradycardic episode that the standard of care mandated the c-section in a timely fashion, which was conducted.

Settlement Discussions

The plaintiffs demanded $4 million. The defendants offered $500,000.

Damages

Doe minor and his parents, each claimed $250,000 for negligent infliction of emotional distress; Doe minor claimed $250,000 for general damages. Pursuant to a life care plan, it was alleged that there was approximately $7 million of future medical care reduced to present value. The plaintiffs also claimed out-of-pocket expenses of $35,000 and loss of earnings for the minor in the amount of $1.8 million over the course of his lifetime. Nursing care provided by the mother was alleged at $273,000. The defendants' expert disputed the nature and extent of injuries, including economic damages.

Result

After two mediations, the case settled for $2,150,000.

Other Information

NEUTRAL ARBITRATOR: Alex Polsky, JAMS.