Lawyers Negotiate $3.75 Million Settlement in Birth Injury Case

Written by Adam Peck Category: Birth Injury March 29th, 2013 3 min read

Lawyers Negotiate $3.75 Million Settlement in Birth Injury Case: A lawsuit that led to this settlement was filed after an infant was born and was ultimately diagnosed with several severe health problems and conditions, including cerebral palsy, cognitive deficits, motor deficits, spastic diplegia, global delays, bilateral hearing loss and the loss of the ability to speak. The attorneys for the Plaintiffs alleged that these conditions were due to the negligence of the hospital that was named as the defendant in the case.

The court documents laid out the alleged facts that related to this matter. They stated that the mother of the infant plaintiff had delivered several babies via vaginal birth in the past without incident, but that she reported to the defendant hospital at 34 weeks of gestation after experiencing severe labor pains and some vaginal bleeding. She arrived at the defendant hospital at noon and reported directly to the emergency room.

The mother was placed in a delivery room and was attached to a fetal heart monitor. At 2 p.m., the mother was recorded as being between 4 and 5 centimeters dilated. The court documents indicated that at that time, the mother was given Pitocin to prompt labor. By 5 p.m., while the mother was still being given Pitocin, the fetal heart monitor strips showed a low beat-to-beat variability (BTBV) and multiple variable decelerations which were in fact indications of cord compromise.

The court documents indicated and the Plaintiffs attorneys argued that at this point, the child should have been delivered by way of a C-section birth. However, the child was delivered vaginally and there was allegedly no pediatrician in the room at the time of the birth at 5:30 p.m. As a result, no proper resuscitation was ordered. The infant remained hospitalized for a period of three months and was ultimately diagnosed with the conditions detailed above.

The Plaintiffs argued that the defendant failed to:

(1) prevent premature labor;
(2) respond to the signs of cord compression and/or ischemia and perform a timely Cesarean section
(3) react to fetal distress, minimal variability and worsening decelerations
(4) provide immediate and adequate pediatric treatment at the time of birth
(5) properly and timely resuscitate the infant Plaintiff
(6) timely diagnose acidosis
(7) administer Bicarbonate, which resulted in severe and permanent injuries to the infant Plaintiff. Rather than litigate the matter, the two sides were able to negotiate a settlement in the amount of $3,750,000.00.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.