San Jose Medical Malpractice Claim Brought After Child Is Born With Cerebral Palsy, Part 2 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.)

Defendant hospital #1 had a policy of using NRP-certified nurses to attend deliveries, although it had a contract with defendant hospital #2 to provide physicians to staff the NICU. At the time, there was a pediatrician on the unit, but she was not notified about this delivery until 6:41 p.m. The pediatrician arrived in the OR at 6:45 p.m. and assisted with the resuscitation. At 6:48 p.m., the baby was moved to the Special Care Nursery, where it was noted that the oxygen saturations were very low. At 7:07 p.m., the baby was re-intubated, and his vital signs and oxygen saturations improved. Although the cord blood gas showed a normal pH, a blood gas that was obtained just prior to the re-intubation showed a pH of 6.5 and a pCO2 of 130. The neonatologist arrived in the SCN at 7:15 p.m., and he arranged for the baby to be transferred to the NICU at defendant hospital #2 for brain cooling, with a diagnosis of hypoxic-ischemic encephalopathy. An MRI on July 19, 2008 showed injury to the basal ganglia and hippocampi.

Plaintiff alleged that, since the FMS was normal on admission to the hospital, the baby’s hypoxic injury occurred during the delivery and immediate neonatal period when the ETT was likely misplaced and caused further hypoxia and metabolic acidosis. The mother likely had oligohydramnios and chorioamnionitis, which led to decreased placental function and a depressed infant at birth. Proper resuscitation would have improved the outcome.

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

The defense contended that there was no medical indication to deliver the baby before the delivery occurred, and the staff was surprised by the poor condition of the baby at birth. The nurses attending the delivery were all NRP-certified and qualified to intubate the baby. The cause of the baby’s severe brain injury was likely the infection in the mother’s placenta and not anything during the labor or delivery.


According to Plaintiff: Cerebral palsy.


According to Plaintiff: Past medical expenses were paid by private insurance. Future medical costs using the least expensive annuity with an age rating of 48 was $7.3 million per plaintiff and $5.1 million per the defense. Future loss of earnings was $1.8 million to $2.4 million present cash value, based on the parents’ advanced degrees.

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

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