Case of Birth Injury

Disposition: (Settlement/Arbitration/Trial)	Settlement
Date:	7/28/2000
Type of Case:	Medical Malpractice
Allegation(s):	Failure to perform c-section / fetal distress
Result:	$1.3 million
Case Name:	*Baby Doe/Mother Doe vs. Dr. Roe and Hospital Zoe (confidential)*
Facts:
Plaintiff Mother Doe presented in labor at Hospital Zoe early in the morning of February 4, 1996, with an approximately 37-week gestation pregnancy. Defendant Dr. Roe was on call for her primary obstetrician, and assumed care of Mother Doe and her unborn child, Baby Doe. After approximately nine and a half hours of labor, Dr. Roe attempted forceps delivery with Keilland rotation, but no further descent occurred. Luikart-McLane forceps and traction were applied, which were also unsuccessful. Dr. Roe made three attempts with the forceps before moving to perform a cesarean section, almost one hour later. Baby Doe was delivered with an APGAR score of 0, a tight nuchal cord times two that was dry of blood, and marked molding of the head. Resuscitation efforts were begun, and Baby Doe eventually established a pulse and was placed on a ventilator.
Injury/Injuries:
The minor plaintiff tests a full scale IQ of 58. At the age of 4, he is still unable to walk independently, exhibits severe cognitive deficits, extreme hyperactivity and gross motor deficits consistent with diffuse brain damage.
Contentions:
Plaintiffs contended that Dr. Roe was negligent in failing to promptly deliver Baby Doe with indications of fetal distress. Plaintiffs further allege Dr. Roe was negligent in the forceps extractions, both in the number of attempts and in the manner in which he used the forceps. Plaintiffs also allege that Hospital Zoe's nursing staff violated the standard of care in failing to recognize that their data collection was improper, i.e., distinguishing between heart rates coming from the mother versus the fetus during the second stage of labor, failing to follow their own hospital policies to place an internal monitor in a high-risk situation, and further, in failing to discuss with the physician the station of the fetus before he attempted a mid- to high-forceps delivery. Dr. Roe alleged that he complied with the standard of care at all times. Hospital Zoe alleged that any and all injuries sustained by the minor plaintiff were solely the result of the negligence on behalf of defendant Dr. Roe.
Special Notes:
On March 27, 2000, Dr. Roe agreed to pay policy limits of $1,000,000 to settle the case against him. Of that amount, $200,000 was paid to Mother Doe for her emotional distress claim, $250,000 to Baby Doe for his emotional distress claim, and the remainder was applied to the minor's special damages. On July 28, 2000, Hospital Zoe agreed to pay $300,000, bringing the total settlement amount to $1,300,000. < back to Medical Malpractice Case Histories from The Law Offices of Robert Vaage and www.vaagelaw.com