Personal Injury Lawyer Blog
The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)
When the labor and delivery nurse returned from lunch at 11:30 a.m., she noticed decreased variability with late decelerations on the fetal movements. At 11:50 a.m., she called the obstetrician, who arrived at Plaintiff’ bedside by 12:15 p.m. Fifteen minutes later, the doctor ordered a C-section, and the baby, plaintiff Alex, was delivered at 1:05 p.m. with no breathing and a heart rate below 100. The respiratory therapist had difficulty placing the ET tube, not succeeding until 1:18 p.m.
At 1:30 p.m., pediatrician Evans was called, and the neonatal intensive care unit transfer team arrived at 3 p.m. The pediatric neurologist at the transfer hospital, ABC Hospital of Folsom, diagnosed hypoxic-ischemic encephalopathy, and Alex was discharged on June 8.
In December, Alex underwent placement of a gastrostomy feeding tube.
Claiming physical damages, Plaintiffs–including plaintiff and father, age and profession undisclosed–sued the hospital and its owner, as well as the University of California and Hammer for medical malpractice.
Pediatrician Earl was originally included as a defendant, but was dismissed with prejudice in exchange for a waiver of costs at mediation.
Plaintiffs’ counsel claimed that Hammer and the nurse practitioner failed to recognize the abnormal progress of Plaintiff’ pregnancy and thus failed to order ultrasound testing and earlier delivery before she went into labor.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiffs’ counsel also claimed that Alex’s problems partially stemmed from the delivery delay.
The defense disputed the allegations, contending that Plaintiff’ treatment was in accord with the standard of care at all times. The defense also claimed that further testing during the pregnancy would not have revealed a problem requiring earlier delivery.
The defendants jointly asserted that there was no delay in the child’s delivery, and that the injury occurred before Plaintiff entered the hospital.
Alex’s past medical care was paid by health insurance. In his mediation brief, he demanded $7,000,000 in future health care expenses, based on 16-hour-per-day home nursing care with a 20-year life expectancy.
Alex added a $1.2 million to $1.5 million for loss of future earnings capacity.
Each plaintiff demanded $250,00 for pain and suffering for a $750,000 total.
SUMMARY:
RESULT: Mediated Settlement
Before expert deposition were taken, the case settled for $5 million with confidential payment details.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.