Facts

On Oct. 17, 2008, at 7:36 a.m., plaintiff's mother, 22, entered defendant hospital for delivery of her first child at term. The hospital was a new facility, having just opened on Oct. 1, 2008.

At 8:49 a.m., a vaginal examination showed 1 cm dilation, 70 percent effacement, and a -2 station, with ruptured membranes. The fetal heart tracing was normal and reassuring.

At 9:33 p.m., the vaginal examination showed 3 cm dilation, 80 percent effacement and –2 station. Pitocin was started at 9:55 p.m.

On Oct. 18, at 3:32 a.m., the vaginal examination showed 5 cm dilation, 100 percent effacement and –1 station.

The obstetrician described the labor pattern as protracted, and noted that he would discuss a possible caesarian section with the oncoming obstetrician.

The next obstetrician examined plaintiff's mother at 9:43 a.m. and found 6 cm dilation, 100 percent effacement and 0 station. He also described the labor as protracted with adequate contractions. The fetal monitor remained reassuring.

At 3:25 p.m. an examination showed 8 cm dilation, 100 percent effacement and 0 station.

At 7:15 p.m., the examination showed 10 cm dilation, 100 percent effacement and +2 station.

The mother began pushing and the fetal monitor showed late decelerations. Pitocin continued at 28 mu/min. The next obstetrician arrived at 8:30 p.m. and noted variable decelerations. At 9:30 p.m., the obstetrician recorded that there was a 6 cm caput. At 10:45 p.m., the mother was moved to the operating room for a caesarian section and the minor plaintiff was delivered at 11:15 p.m. Several hours later, the minor plaintiff was transferred to another hospital and then to a third hospital where he was discharged on Nov. 5, 2008.

His parents were told that his injuries were so severe that he would only live a few months and that hospice care would be appropriate. They were given Morphine to administer at home, but the parents never used it. Instead, hospice was terminated in April 2009, and the minor plaintiff has not been re-hospitalized for any reason since then. The MRI shows a combination of a profound asphyxial event and a traumatic injury to the brain with both subgaleal swelling and scalp edema.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the defendant negligently delayed in the delivery of the minor, which caused the injury through a combination of hypoxic and a traumatic injury to the brain from pressure in the birth canal.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability just prior to first mediation, but claimed that minor's future care required only attendant care and that life expectancy was limited.

Settlement Discussions

In response to a demand of $10 million, defense offered $4 million, which was rejected. A second mediation was held on Feb. 23, 2011, at which defense offered $7 million cash which was accepted.

Specials in Evidence

Past medical care costs paid by private health insurance. $1.1 million present cash value, disputed by defense. $3.5 million to $8 million, depending on level of attendant care.

Injuries

The minor suffered cerebral palsy with developmental delay.

Result

The case settled for $7 million cash.

Other Information

Mediation held on Oct. 19, 2009, before Dan Kelly, Esq.