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| Disposition:
(Settlement/Arbitration/Trial) |
Settlement |
Date: |
10/21/1996 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Anoxic Birth Injury |
Result: |
$1,000,000 |
Case Name: |
Hanley, et al. v. John Doe, M.D. (confidential) |
Facts: |
On November 25, 1992, the minor plaintiff Rachel Hanley was born to 39-year-old Gloria Hanley, who had a known history of a double uterus, as well as a previous birth which presented prematurely with a double footling breech and short labor. Seven months into Gloria Hanley's pregnancy, she was placed on bed rest with Terbutaline administered by mouth every eight hours. A previous amniocentesis and ultrasound were normal, but revealed that Rachel Hanley was in a breech position. On October 27, 1992, Gloria Hanley came under the care of defendant John Doe, M.D. who was aware of and confirmed her history and determined that she would need a Caesarean section. He also placed her on Tokos monitoring.
On November 23, 1992, Gloria Hanley, who was at term, saw defendant who found her to be 50% effaced upon examination and confirmed a double footling breech presentation. Defendant discontinued the Terbutaline and Tokos monitoring at that time. Two days later, at approximately 7:00 p.m., Gloria Hanley rapidly went into labor and called paramedics, who observed a presenting foot and buttocks and an apparent cord prolapse. She was hospitalized immediately, after which Rachel Hanley was delivered on an emergency basis.
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| Injury/Injuries: |
Rachel Hanley: cerebral palsy with total body involvement and spastic quadriparesis as a result of the prolapsed cord; seizure disorder and continued gastrotomy tube feeding; developmentally delayed at the current level of a six-month-old infant; status post-bilateral strabismus surgery; full-time care.
Gloria Hanley: emotional distress
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| Contentions: |
Plaintiffs contended that defendant advised them only of the necessity of an additional amniocentesis at the visit on November 23, 1992. Plaintiffs contended further that the standard of care required defendant to inform Gloria Hanley of the need to enter the hospital immediately for the amniocentesis, followed by a Caesarean section the next day. Plaintiff also claimed that defendant had a duty to warn Gloria Hanley that she would otherwise be at a very high risk both of spontaneously entering labor and of injury to her unborn child.
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| Special Notes: |
Plaintiffs settled for policy limits of $1,000,000 ($385,000 in cash, with $125,000 allocated to the claims of Gloria Hanley; $615,000 for purchase of an annuity with a guaranteed payout of $6,959.574).
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