Birth Injury Lawsuit Arises After Child Born with Severe Cerebral Palsy, Part 2 of 2

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.)

The delivery of the minor plaintiff occurred at 6:03 p.m. with low Apgar scores and a venous blood gas, obtained at 30 minutes of age, showed a pH of 6.6 with a base deficit of -23. At surgery, the OB documented a placental abruption and frank blood was suctioned from the minor plaintiff’s airway after delivery. He was transferred to Children’s Hospital for brain cooling and diagnosed with multi-system organ failure. An MRI showed global hypoxic-ischemic encephalopathy.

Plaintiff alleged that defendant nurse negligently delayed in requesting help or contacting the OB when she was unable to find a fetal heart rate. Defendant hospital was negligent for failure to monitor the plaintiff on the remote monitor at the nursing station, and was also vicariously liable for the nurse.

The defense contended that all care was within the standard and the OB responded quickly to the drop in fetal heart rate and delivered the baby in less than 30 minutes.


According to Plaintiff: Severe cerebral palsy and developmental delay.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.


According to Plaintiff: $77,479 past care costs; $10.4 million future care costs per plaintiff, disputed by defendant based on need for LVN v. attendant care and disputed life expectancy; future loss of earnings of $1.1 million based on female high school graduate assumption.

According to Plaintiff: Demand: $5 million each to defendants hospital, nurse, and nursing agency (CCP § 998). Mediation was held on three separate meetings between April 2010 and September 2010 before Dan Kelly, Esq., including one mediation involving only the defendants and the mediator.
Verdict/Judgment: Settlement
Verdict/Judgment Amount: $7,500,000
Settlement with payment of $2 million from defendant hospital and $5.4 million from defendant nursing agency. Defendant anesthesiologist paid $100,000 for a total of $7.5 million. The settlement was approved by the court on January 7, 2011.
Trial Type: Settlement
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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