Facts

Plaintiff, age 17, was pregnant with her first child. She was followed for her pregnancy by Family Practice Residents at a Clinic affiliated with Defendant Medical Center. At 38 weeks, the Plaintiff developed high blood pressure and was diagnosed with Pregnancy Induced Hypertension (PIH). She was then admitted to the Medical Center, on March 15, 2005, on the Family Practice service. However, upon learning of the PIH diagnosis on admission, the Family Practice attending physician determined that the Plaintiff should be managed by the Obstetric service and asked the Family Practice resident to contact Obstetrics. The OB resident then saw the Plaintiff, but assumed that she was merely consulting on the patient rather that managing her labor. At 9:00 PM on March 16, the fetal monitor showed variable decelerations and an amnioinfusion was ordered by the OB resident. By 11:00 PM, the FMS showed a loss of variability and became non-reactive. At 1:00 AM on March 17, the L&D nurse notified the OB resident, who decided to place an device to measure oxygen saturation on the fetus. According to the OB and Family Practice resident, the oxygen level was normal and despite, a non-reactive fetal monitor strip, they decided to continue the labor. At 2:44 AM, the Plaintiff became completely dilated and entered the second stage of labor. The minor Plaintiff, was then delivered vaginally by the family practice resident at 4:15 AM. The OB attending arrived in the Delivery Room as the baby was being delivered, and he testified that he had no knowledge of the patient or involvement in care prior to the delivery. The baby had an Apgar score of 0, 1, and 4, and required full resuscitation. The baby was intubated and transferred to the NICU. The baby remained in the NICU for several months and then was discharged home to his mother and grandmother.

PLAINTIFF'S CONTENTIONS:
Resident physicians employed by defendant were negligent for failing to diagnose non-reassuring fetal monitor strip which required earlier delivery by c-section.

DEFENDANT'S CONTENTIONS:
All care within standard of care, non-reassuring fetal monitor strip did not require intervention when oxygen measurement was normal

Child’s condition is medically fragile with life expectancy less than 10 years.

Settlement Discussions

CCP Sec. 998 demand for $5 million to Hospital, $1 million (policy limit) to Medical Group, and $3 million to Company. Settlement offer, 3.4 million from Hospital, $100,000 from Medical Group, and $1.5 million from Company

Specials in Evidence

$500,000 $500,000 - $900,000 24 hour nursing care with annuity cost $3.5 - $.4.5 million

Injuries

Severe Cerebral Palsy with g-tube feeding.

Result

Case settled at Mediation before Michael Morehead, Esq. and was approved by Superior Court on Aug. 1, 2006.