Facts

In February 2002, plaintiff Harmony Wilson was born to Andrea Wilson. Wilson went into labor at 6:30 p.m. at defendant Community Memorial Hospital. A nurse watched over Wilson and was in charge of notifying defendant Dr. Michael Green of Wilson's status. Defendant Green received a call, and at around 3:30 a.m., he entered Wilson's room to deliver. He heard the fetal heart tracing and the fetal monitor strips showed extremely dire rates. The plaintiff was not receiving oxygen to her brain. Defendant Green performed a 25-minute vacuum delivery. Plaintiff suffered brain damage.

Wilson and her husband brought suit against defendants for medical malpractice. In 2003, defendant hospital settled.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant Green did not meet the standard of care when he failed to monitor the fetal monitor strips. The strips started showing obvious signs of danger to plaintiff at 1 a.m. Thus, an emergency cesarean section should have been performed at that time.

The nurse had noted in the charts that defendant did not react after he reviewed the fetal monitor strips at 2 a.m. The note in the charts also indicated that defendant failed to react despite the nurse's warnings.

Further, the vacuum delivery performed by defendant took too long, as it should not have taken longer than 20 minutes.

DEFENDANT'S CONTENTIONS:
Defendant Green contended that he relied on the nurse, who was eventually fired from the hospital, to notify him if the fetal monitor strips showed signs of danger. He was delivering other babies and checking other fetal monitor strips, and the nurse failed to give him any warnings. Although the plaintiff's strips showed signs of danger at 1 a.m., the nurse informed defendant at 1:36 a.m. that the strips were normal.

Further, the defendant was not in the room at 2 a.m. A nursing expert challenged the authenticity of the nurse's notes, as the note that indicated that defendant was in the room was written on an unusual area in the chart. During cross-examination, the nurse admitted that defendant was not present in Wilson's room at 2 a.m. Another nurse testified that according to her notes, defendant was reviewing another patient's fetal monitor strips at that time.

Specials in Evidence

The plaintiff sought $4,690,400 in future lost earnings. This is assuming that plaintiff would have received some college education. $12,784,300;

Damages

The plaintiff sought an unspecified amount for past and future pain and suffering and disability.

Injuries

The plaintiff had massive brain damage. She cannot move and needs a tube for feeding. Her mental capacity is that of a three to five month old baby. Further, her life expectancy is another 25 to 30 years. In that time, she would need extensive special needs care. The plaintiff was in intensive care for months and currently has home care. The defendant argued that plaintiff would not live older than 20. The lengthy vacuum delivery also caused cephaly hematoma, an intraventricular hemorrhage and subgaleal bleed. According to defendant, had plaintiff been born without the injuries related to the vacuum delivery, she would still have sustained massive brain damage.

Result

The jury found in favor of defendant.

Length

one month