San Jose Infant Born With Cerebral Palsy, Part 1 of 2

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)


According to Plaintiff: The minor plaintiff’s mother entered defendant hospital #1 on July 14, 2008 for induction of labor at 40 3/7 weeks gestation, after an ultrasound by her obstetrician showed a low level of amniotic fluid. The mother was 38 years old. She had a normal amniocentesis and was seen by a perinatologist during the pregnancy as a precaution, but no problems or complications were noted.

After admission to the Labor & Delivery unit at 11:30 a.m., the fetal monitor strip showed a normal reactive tracing. Cervidil was placed at 1:35 p.m. to soften the cervix. At 3:30 a.m. on July 15, 2008, Pitocin was started. At 7:50 a.m., the obstetrician (“OB”) ruptured the membranes and found no amniotic fluid. The exam at that time showed 1 cm dilation, 50 percent effacement, and – 2 station. Pitocin was increased over the next several hours, and an exam by the OB at 2:00 p.m. showed 6-7 cm dilation, 100 percent effacement, and 0 station. The FMS was still reassuring.

At 3:57 p.m., a vaginal exam by the nurse showed complete dilation at a 1 station. However, the mother’s temperature was now 101.3 degrees. The nurse called the OB at his office and he ordered antibiotics. The OB returned to the hospital at 4:15 p.m. but proceeded with a vaginal delivery of another patient. At 4:40 p.m., the nurse had the mother start pushing. The OB returned to his office to see other patients.

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

Between 5:00 p.m. and 5:35 p.m., the fetal monitor showed late decelerations with every other contraction, but the nurse did not consider them to be repetitive, so the Pitocin was not turned off. At 5:55 p.m., the OB returned and noted a FMS pattern of late and variable decelerations, and a C-section was ordered at 6:02 p.m. The mother was moved to the OR at 6:10 p.m., and the surgery started at 6:27 p.m. under epidural anesthesia. The minor plaintiff was delivered at 6:33 p.m.

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

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