Facts

Dr. William Isenberg used a vacuum technique to pull the fetus from a high position in Letitcia Ayala's birth canal. The vacuum detached from the fetus four times and Isenberg prepared to deliver the baby by C-section. However, the head descended, making delivery possible with one more pull of the vacuum. The baby plaintiff, Juan Ayala, became obtunded after birth and suffered from a subgaleal hematoma. Juan sued Isenberg for medical malpractice through his mother and guardian ad litem.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed the physician's standard of care for a fetus situated so high in the birth canal required either an immediate C-Section delivery or resort to a C-section directly after the third detachment of the vacuum from the fetus.

DEFENDANT'S CONTENTIONS:
Defendant contended the vacuum technique was an indicated technique to aid high canal births that could continue to be employed after the third detachment.

Damages

$5 million for future lost earnings and medical care; $250,000 for pain and suffering.

Injuries

Plaintiff's subgaleal hemorrhage caused hypovolemia and brain damage, resulting in cognitive defects and a very low intelligence quotient.

Result

Plaintiff. $1,830,000.

Other Information

Settled for $1.6 million after trial. Dr. Brown was dismissed by way of summary judgment before trial.

Deliberation

two days

Length

three weeks