Facts

Plaintiff, 24, was followed during her first pregnancy by Defendant Medical Center, which was staffed with certified nurse midwives and obstetricians (OB) to provide pre-natal care and delivery assistance. Plaintiff developed gestational diabetes during her pregnancy, requiring insulin for control. She was admitted to to the Medical Center after her due date and the midwife started her on Pitocin. The midwife determined there was an arrest of dilation due to inadequate forces of labor. Another midwife assumed responsibility and saw little progress in dilation, turning off the Pitocin twice due to decelerations of the heart rate. Shortly after an amnioinfusion, the fetal heart rate dropped precipitously without recovery. The plaintiff was transferred to the operating room and her epidural increased for surgery. The minor Plaintiff, delivered with Apgar scores of 0,0,3 and a pH of 6.9, was diagnosed with hypoxic-ischemic encephalopathy.

PLAINTIFFS' CONTENTIONS:
The midwives were negligent for failing to diagnose an arrest and fetal intolerance of labor, which required the OB to deliver the baby by C-section before terminal bradycardia.

DEFENDANTS' CONTENTIONS:
All care was within the standard of care. There was no indication for an earlier delivery before the time they discovered the bradycardia, whose sudden onset plaintiff's experts agreed was not predictable. Defendant's damage experts claimed a 14-year life expectancy for the minor Plaintiff, whose future care could adequately be provided for by direct hire trained attendants.

Settlement Discussions

Plaintiff demanded $4 million. Defendant offered $1.5 million at medication and increased to $2.5 million at the start of trial. Defendant settled with the mother for $150,000 at the start of trial. At the end of Plaintiff's case, Defendant offered $3.5 million for the minor Plaintiff.

Specials in Evidence

$234,664 $350,000 to $900,000 From $1.4 million for trained attendant with 20-year life expectancy to $10.7 million for LVN care with 50-year life expectancy.

Injuries

Minor Plaintiff suffered cerebral palsy and required g-tube feeding.