Birth Injury Brain Damage

Page Title: Birth Injury Brain Damage
Case Type: Cerebral Palsy
Settlement: Confidential

Facts of the Case

This is a birth trauma case that arose out of the negligent treatment the mom received during her labor and delivery care at the hospital.

As a result of inattentiveness and no senior staff member(s) being present or actively involved in the patient’s labor and delivery, deteriorating fetal heart monitor tracings were misinterpreted and/or ignored. Because the physicians’ and nurses’ failed to recognize that the baby was in distress, she was deprived of oxygen for a prolonged period of time and was born with a severe and permanent brain injury.

After having seizures, and despite being placed in a cooling treatment protocol to attempt to limit the brain injury, the child was diagnosed with spastic cerebral palsy. She must use a feeding tube for nutrition, cannot walk and/or talk, as little/no use of her extremities, and is completely dependent on others for all of her needs.

Types of Injuries and Harm Suffered

• Hypoxic Ischemic Encephalopathy (HIE)
• Cerebral Palsy
• Severe and permanent physical and cognitive deficits
• Past and future attendant care needs
• Medical bills
• Pain and suffering

Legal Issues in the Case

• Whether the care provided violated the standard of care
• Whether the fetal heart monitor tracings required an earlier delivery
• Whether the HIE brain injury was caused by a lack of oxygen during the labor and delivery

What We Did to Win the Settlement

After obtaining the medical records, we performed a detailed review of the medical treatment he received. We were able to find several discrepancies between notes made by several physicians and nurses involved in the patient’s care.

We were also able to obtain the opinions of several nationally recognized experts in obstetrics/gynecology, neonatology, and pediatric neurology in support of our claim.
After obtaining key admissions during the deposition of the physicians involved, and prior to the need for taking any expert depositions, we were successful in settling this claim prior to Trial.