There were no complications or problems when the mother went to a hospital on Oct. 9, 2016 for a scheduled induction of labor…law, Errors During Childbirth Lead to $14M Settlement
She was under the care of a registered nurse who was provided with instructions from the mother’s obstetrician-gynecologist by phone from home. But the vital signs of the fetus soon began to deteriorate, and the nurse allegedly failed to give timely notice to the doctor.
The fetus was deprived of oxygen, which resulted in multiple abnormalities. The defense maintained those issues were caused by a genetic defect and the defendants were not at fault.
While the registered nurse was monitoring the child, his heart rate began to fall, then return to normal, and then fall again. Then the heart rate began to show prolonged periods of decline. The nurse should have called the patient’s OBGYN and the hospital’s staff doctor on duty, to report the falling heart rate. The nurse made those calls eventually, but she failed to do so until 32 minutes after the child’s heart rate warranted intervention.
The hospital doctor immediately arrived and ordered a cesarean section delivery, and began performing that procedure a short time later. While the delivery was underway, the OBGYN defendant arrived and took over.
Upon delivery, the infant was lifeless and received emergency resuscitation, including endotracheal intubation, chest compressions, insertion of umbilical vein line and epinephrine to stimulate his heart.
Because he had a period of oxygen loss, the child suffered brain damage manifested as cerebral palsy, making him nonambulatory with no use of his hands. He also experiences developmental and intellectual disabilities and epilepsy and requires use of a feeding tube.