Facts

When Plaintiff C.S. was born by caesarean section at the Naval Medical Center San Diego ("NMCSD"), he had a vigorous cry, a good heartbeat, normal breathing (without the need for supplemental oxygen), good color, good movement of his arms and legs and good reflexes, all of which were appropriately reflected in Apgar scores of 8/10 and 9/10 at one and five minutes after birth, respectively. His serial examinations by pediatric specialists following birth and through the time when both he and his mother were discharged, two days later, revealed a normal child with normal neurological development. No abnormalities were noted on any of C.S.'s well baby evaluations at five days, two weeks and two months of age.

At approximately four months of age, however, C.S. was evaluated for a sudden and marked increase in sleepiness and muscle weakness. His evaluation at that time could not find a neurological cause for this sleepiness. C.S. continued to have neurological symptoms and was eventually diagnosed with developmental delays and a seizure disorder.

Following the parties' joint motion, the matter was tried on liability only.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that health care providers at the NMCSD failed to properly recognize changes in the electronic fetal monitor ("EFM") readings, which they further alleged demonstrated fetal distress requiring immediate caesarean section. Plaintiffs also alleged that the forces of labor compressed C.S.'s head resulting in subtle brain injury, which would not be clinically apparent at birth but was later manifested as a seizure disorder, cerebral palsy and developmental delays.

DEFENDANT'S CONTENTIONS:
Defendant contended that changes on the EFM were timely and properly treated and did not demonstrate fetal distress or neurological injury. Defendant also contended that fetal head compression during labor has not been shown to cause neurological damage. Defendant further contended that C.S.'s normal examinations (including soft and flat fontanelles) from birth until at least four months of age as well as recent evaluations, demonstrated that his neurological symptoms and developmental delays did not result from injuries sustained during labor or delivery. Rather, C.S.'s disabilities result from abnormal brain development.

Result

The court rendered a defense verdict.