Asphyxia Causing Cerebral Palsy

Case Type: Cerebral Palsy
Settlement: Confidential

Facts of the Case

This was a cerebral palsy case brought on behalf of a child with permanent brain damage from harm caused before the birth of the baby. The child suffered from fetal asphyxia which resulted in a cerebral palsy. She has significant developmental delays as a result of her injuries.

The lawsuit alleged that the defendant’s hospital was negligent for failing to properly follow up after a significant drop in the amniotic fluid was noted. The suit alleged that this should have led to further evaluation and a recommendation that the expecting mother return to the hospital sooner. Expert testimony established that proper medical care would have prevented the injuries to the child.

Types of Injuries and Harm Suffered

• Fetal asphyxia
• Brain damage
• Cognitive deficits
• Learning disability
• 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 hospital properly monitored the condition
• Whether the cerebral palsy was caused by medical negligence

What We Did to Win the Settlement

We obtained the opinions of several nationally recognized experts in obstetrics/gynecology, neonatology, and pediatric neurology in support of our claim. They performed detailed reviews of the records and opined that there was negligence in the care provided to the mother and this resulted in permanent harm to the baby. We settled the case at mediation.