Failure to Respond To Fetal Distress In Labor Causes Profound Neurological Injuries

A New York couple recently settled an obstetrical malpractice / medical negligence / medical error case against an area hospital, its nurses and an obstetrician for $8.5 million after the hospital nurses failed to timely respond to fetal distress and the physician failed to perform a timely cesarean section. The plaintiff presented to the hospital in labor and underwent a full workup that did not reveal any abnormalities. Approximately 8 hours later, the baby’s heart rate dropped severely. Nurses attempted various measures to raise the baby’s heart rate, including administering oxygen, discontinuing Pitocin (a drug that is used to induced labor) and increasing fluids — each of these efforts was unsuccessful. The obstetrician was subsequently contacted outside of the hospital. She arrived 22 minutes later and a C-Section was performed 35 minutes later. The child was born severely depressed requiring resuscitation. Presently, the child is 5 years old. He has been diagnosed with cerebral palsy and is unable to hold his head up on his own, see or walk, and routinely experiences profound seizures. At trial, the plaintiffs argued that the sudden drop in the baby’s heart rate occurred because the umbilical cord was being compressed, and therefore, necessitated an immediate c-section. The defendants argued that a more timely c-section would not have affected the outcome because the baby likely suffered the injuries within a few minutes of the umbilical cord being compressed, and therefore, even an urgent cesarean section would not have led to the avoidance of the baby’s injuries.

At STSW, our lawyers routinely are asked to represent parents of infant children who have suffered profound brain injuries during the labor & delivery process. In most instances, these infants are found to have suffered global cognitive delays along with the inability to complete most activities of daily living. To properly care for these infants in their early years and as they grow older, millions of dollars are required. Accordingly, it is important that parents of brain-injured children seek the representation of competent attorneys who are familiar with how to properly pursue these legal cases and secure the necessary experts to testify in court as to the baby’s past and future needs. In order to successfully pursue these cases, our lawyers will need to retain experts in the fields of obstetrics, maternal fetal medicine, neonatology, pulmonology, cardiology, life care planning, vocational rehabilitation, physical medicine and rehabilitation, nursing, economics and neurodevelopmental delays. Our attorneys routinely handle these types of cases in the Baltimore / Maryland and Washington D.C. areas and are available for a free consultation at (410) 385-2225. Because these injuries have a profound impact not only on the lives of the children but also the parents and extended family, including a substantial financial impact, it is important to retain the services of experienced lawyers who can fight for the compensation necessary to care for your child for a lifetime. Call our legal team if you believe your obstetrician negligently delayed delivery of your child in the Baltimore and/or Washington D.C. area that resulted in he/she suffering a permanent birth injury. (410) 385-2225