Facts

This birth injury case arose from a series of allegedly negligent nursing errors, which resulted in catastrophic brain damage to an infant, as well as injury to the mother, and a negligent infliction of emotional distress to both parents.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendant's nursing staff negligently failed to properly assess the mother, and mistook the mother's heartbeat for that of her unborn child's, and inexplicably refused to summon an obstetrician to aid the mother's cries for help, caused the mother to slowly deteriorate, persistently bleeding, then vomiting and desperately gasping for air as she developed all of the classic signs and symptoms of an abruption of the placenta. (Placental abruption is an emergency, requiring an immediate c-section.)

Plaintiffs claimed that as a result of this nursing incompetence, there was a several hour delay in communicating critical information to an obstetrician about the mother and the unborn child's changing condition and an inexcusable delay in calling for an emergency c-section.

As to timing of some of the events in the chain, plaintiffs were able to show that their own cell phone bills were a more reliable reflection of the events than the medical records which were entered after the fact.

DEFENDANTS' CONTENTIONS:
Defendants' arguments, aside from standard of care, focused on the baby's life expectancy, which they contended was greatly reduced. If they were successful in this argument, it would significantly alter damages, especially given the MICRA cap. Defense also disputed the amount of future wage losses.

Defendants additionally contended that after delivery, it was discovered that the mother likely had the recent onset of an infection before delivery, and that there was not literally an abruption of the placenta. Rather, this infection was the most likely cause of signs and symptoms, which clinically mimicked a placental abruption, but under a microscope it was evident that the mother's persistent bleeding was actually not from the placenta but rather from the lining of the uterus responding to the infection.

Settlement Discussions

Because of the great disparity in the two sides' valuation of the case, mostly due to divergence of expert opinion with regard to life expectancy, multiple discussions were had after two separate sessions of mediation, with the assistance of the Hon. Wayne Peterson, retired, of ADR San Diego.

Damages

Plaintiff child claimed the value of a life care plan, as well as general damages for past and future pain and suffering, while her mother claimed her own injury. Both parents claimed negligent infliction of emotional distress regarding the events during labor. Under MICRA, the non-economic damages are capped at $250,000.

Injuries

The child now suffers from a severe brain injury, hypoxic ischemic encephalopathy (HIE), caused by a lack of oxygen during labor. Although the minor has been diagnosed with severe cerebral palsy and spastic quadriparesis, the child continues to exceed her treating doctors' expectations. She has made great progress with mobility and communication and continues to improve with the help of loving and involved parents, multiple forms of physical therapies and aggressive medical treatment, which has been greatly assisted by the settlement in this case.

Result

Settlement for the child and both parents of over $5 million present cash value (expected payout $23 million). The parents have a new home for the child and report the child is thriving and her needs are well met through a Special Needs Trust.