Verdicts and Settlements
Verdicts and Settlements Obtained by Our Birth Trauma Attorneys at Reiter & Walsh, P.C. in Detroit, Serving All of Michigan
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A birth trauma attorney at Reiter & Walsh, P.C., handling cases in Detroit and across Michigan, can help you reach a successful verdict or settlement for your case. The following case results are just a few of the many million-dollar and multiple million dollar outcomes attained by Jesse Reiter and Rebecca Walsh.
$6.9 Million - CEREBRAL PALSY FROM HYPOXIC ISCHEMIC ENCEPHALOPATHY (BIRTH ASPHYXIA)
Young mother went to hospital in labor. Residents and nurses watched as the fetal monitor showed the baby's condition deteriorating over 12 hours. When the attending doctor finally arrived at the hospital, she chastises resident doctor in front of Mom for not notifying her sooner. The baby delivered by emergency c-section but had several brain injury from hypoxic ischemic encephalopathy and birth anoxia.
$6.15 Million – CEREBRAL PALSY: PHYSICAL AND MENTAL DISABILITY FROM VACUUM
Plaintiff went to the hospital while in labor. An experienced nurse handled the birth. The mother was dilated to 9.5 cm for two hours. Although the mother was not fully dilated, the baby was delivered by vacuum extraction. However, near the time of delivery the child suffered a stroke, resulting in mild hemiparesis (paralysis on one side of the body) and cerebral palsy. The plaintiff claimed that the stroke was the result of pushing before complete dilation and the use of a vacuum and that a C-section would have prevented injury. The child will require future surgeries and may have a learning disability.
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$4.75 Million – MILD CEREBRAL PALSY, MENTAL RETARDATION, DELAYS FROM HIE (BIRTH ASPHYXIA)
A young mother treated prenatally with a family practice physician. Neither she nor her husband spoke English. Prenatal care was uneventful. Her prenatal doctor sent her to a hospital for an ultrasound. The ultrasound showed a 17 day discrepancy between her last menstrual period and the size measurements of the ultrasound. Three and ½ months later, she was having spotting and contractions. She went to the hospital again. No translator was brought in. Her initial blood pressure was elevated though not considered abnormal. She was placed on a fetal monitor. Lab studies and urinalysis for protein were not performed. The earlier ultrasound suggested that she was past her due date. She was discharged from the hospital. A few days later she again presented at the hospital at the direction of her prenatal care doctor. Her complaint in triage was "bleeding x 4 days." An emergency C-section was performed for non-reassuring fetal heart tones. The baby, however, suffer from hypoxic ischemic encephalopathy. Hypothermia head cooling treatment was not successful. The baby was transferred to the neonatal intensive care unit and spent seven weeks in the hospital. He was later diagnosed with mild cerebral palsy, mental retardation, speech and language delays. The case settled a month before trial for $4.75 million.
$3.9 Million - BRAIN INJURY DUE TO LACK OF OXYGEN, MILD CEREBRAL PALSY FROM HYPOXIC ISCHEMIC ENCEPHALOPATHY (BIRTH ASPHYXIA)
Plaintiff, pregnant for the first time, treated prenatally at a clinic. Plaintiff went to the hospital in labor. The fetal heart monitor, on admission, showed the baby was doing fine. Shortly after admission, the doctor, a member of Plaintiff’s prenatal care clinic, recognized the baby was in a position to deliver face first. This type of delivery requires additional monitoring and c-section is often recommended (but was not even mentioned in this case.) The fetal monitor used at this hospital was known to confuse the mom’s heartbeat with the baby’s. The manufacturer recommended use of a pulse oximeter to easily overcome this deficiency. This involves placing a little clip on the mom’s finger – an easy and painless act. This was not done in the Plaintiff’s case. The nursing staff claimed they had never been trained to use the pulse oximeter. When she was delivered, this baby girl had significant facial bruising because she was delivered face first. She also was born depressed due to inadequate oxygen supply during delivery. She was diagnosed with mild to moderated hypoxic ischemic encephalopathy. Currently, the child is school aged. She has motor delays from mild cerebral palsy. She is able to walk and run, but not as a normal child. She rides a bike, but one that is made for handicapped children. She has a low average IQ.
$3.75 Million – MENTAL RETARDATION, DEVELOPMENTAL DELAYS, CEREBRAL PALSY FROM HYPOXIC ISCHEMIC ENCEPHALOPATHY AND FORCEP TRAUMA
Throughout her pregnancy, a woman missed several of her appointments with the doctor. Late in her pregnancy, she complained that the baby wasn’t moving as much. Testing on the day of delivery showed that the baby wasn’t moving as much, but everything else seemed normal. Doctors induced her labor, but neither the mother nor the baby responded well to the drugs used and the baby was having problems with her heart rate. The baby suffered loss of oxygen during labor (birth asphyxia) and had seizures and a brain bleed after birth. Now 10 years old, she is mentally retarded , developmentally delayed, and has been diagnosed with cerebral palsy. Plaintiff-attorneys asserted that because the baby was having problems during labor, doctors should have performed a C-section earlier in the day. Defendant-attorneys’ position was that the minor’s brain damage and developmental delays are genetic or caused by events before her birth. Case settled five weeks before trial for $3.75 million.
$3.6 Million - CEREBRAL PALSY AND DEVELOPMENTAL DELAYS FROM FORCEP TRAUMA
Plaintiff was pregnant for the first time and treated with her private physician
for prenatal care. Prenatal care was overall unremarkable with normal
prenatal testing. When the patient reached term (40 weeks) she had fetal
monitor testing. The testing was overall reassuring but had some
nonreassuring findings. Induction of labor was started. Fetal heart tones
were initially reassuring. Later in labor they became nonreassuring. Labor
progressed and the baby was delivered by forceps. Cord
blood gases and Apgar scores were normal. The baby suffered from
intracranial bleeding and had seizures. Subsequently, the baby exhibited
developmental delays and mild cerebral palsy. The plaintiff claimed there
was forcep trauma during the birth. The defendants claimed the brain damage
occurred weeks before the birth.
$3.5 Million – TWINS: CEREBRAL PALSY, MENTAL RETARDATION-FAILURE TO GIVE MEDICATION TO STOP EARLY LABOR
Plaintiff was pregnant with twins. At about 27 weeks, she began spotting and went to the hospital. The exam showed no evidence of blood or contractions. The patient was released. Three days later she began having contractions and delivered twins. The plaintiff suffered placental abruption and chronic maternal vessel disease, but was undiagnosed and untreated. As a result, the premature infants suffered cerebral palsy and mental retardation, one moderate and the other severe.
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$2.25 Million - TWINS: CEREBRAL PALSY, DEVELOPMENTAL DELAYS-FAILURE TO ADMIT AND GIVE MEDICATION TO STOP EARLY CONTRACTIONS
Plaintiff was pregnant with twins and found to be at risk for preterm labor. She went to the Emergency Room twice early in her third trimester with complaints of contractions; the first time she was discharged, the second time she was admitted to the hospital for monitoring. Due to problems with the babies heart rates, doctors made the decision to perform an emergency Cesarean section. Despite mounting problems and the rule that an emergency C-section should be performed in less than 30 minutes, doctors waited one hour and 40 minutes to perform the operation, costing both babies valuable oxygen to their brains and resulting in cerebral palsy in one twin and developmental delays in the other. Plaintiffs received a settlement for $2.25 million.
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$2.25 Million (Pre-suit Settlement) – ERB’S PALSY, CEREBRAL PALSY FROM HIE (BIRTH ASPHYXIA)
Plaintiff had gestational diabetes. A week before delivery, the fetus was estimated to weigh about eight pounds. Doctors noted the possibility of a high birth weight baby, but did not offer a C-section. During delivery, shoulder dystocia occurred. However, despite attempts to correct the situation, the infant remained stuck for four minutes. The child was born weighing more than 11 pounds. He suffered brain damage as a result of hypoxic ischemic encephalopathy and trauma. He has since been diagnosed with Erb’s palsy and cerebral palsy as a result of birth trauma.
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$2.1 Million – TWINS: CEREBRAL PALSY, COGNITIVE DEFICITS FROM FAILURE TO AVERT PRETERM DELIVERY
Plaintiff was pregnant with twins when she went into preterm labor. She was treated with magnesium sulfate to prolong the pregnancy, and steroids to help the fetal lungs mature. The mother was released, but soon returned to the hospital after falling on her front porch. She was examined, but doctors could find nothing wrong and released her. A few hours later she returned, fully dilated and delivering. One twin suffered cognitive deficits and the other suffered mild cerebral palsy and cognitive defects.
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$2.0 Million – SPEECH, LANGUAGE AND DEVELOPMENTAL DELAYS FOR ONE TWIN DUE TO HYPOXIC ISCHEMIC ENCEPHALOPATHY
Plaintiff, pregnant with twins began prenatal care at approximately 25 weeks. All ultrasound testing showed a healthy pregnancy. Plaintiff-Mother presented at approximately 38 weeks to the hospital with contractions. During the labor, the continuous electronic fetal monitoring was not working for a majority of the time. Plaintiff-Mother was not informed of this nor given the option of a c-section. When she was completely dilated she was taken to the OR for a vaginal delivery. This was routine at this hospital due perform twin deliveries in the OR. She was given a c-section dose rather than the dose of anesthesia appropriate for a vaginal delivery. This caused maternal hypotension (low blood pressure), non-reassuring fetal heart tones, numbness of plaintiff from the belly button down, and delay in her delivery. Plaintiff was not informed of the anesthesia error. Defendants sent her back to the labor floor to allow the anesthesia to wear off. An hour and 40 minutes later Plaintiff was taken back to the OR for vaginal delivery and Twin A was born with mild metabolic acidosis. Twin B’s membranes ruptured at 12 minutes after delivery of Twin A and a cord prolapse was diagnosed. An emergency c-section was ultimately called in the OR but took an additional 18 minutes to perform. The typed operative report which would explain the events of the prolapse could not be found. Twin B, plaintiff-minor, suffered from mild developmental delays including speech deficits. He can walk and run and to date, head imaging is normal.
$1.995 Million – MILD DEVELOPMENTAL DELAYS AND HEMIPARESIS, SEIZURES FROM SPINAL MENINGITIS NOT TIMELY TREATED
Plaintiff was pregnant and delivered at 37 weeks. This case involves the failure to test and treat neonatal sepsis at birth and during the first 36 hours of life. Her baby was born with numerous risk factors and symptoms for neonatal sepsis. As a result, the pediatric resident (present at birth) told the family that she would be treated with antibiotics and tests would be run. Unfortunately, the plan was never carried out. Unbeknownst to the defendants, the resident's comments were caught on videotape. Unaware of the videotape, the defendants denied in deposition that this was ever the plan. As a result of not giving antibiotics and testing, the baby developed septic shock and meningitis. When antibiotics were finally given, it was too late to prevent brain damage. Had the original plan been followed and antibiotics given, she would be fine today. Instead, she developed neonatal sepsis/infections resulting in mild developmental delays and seizures.
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$1.95 Million – CEREBRAL PALSY & DEVELOPMENTAL DELAYS FROM HIE (BIRTH ASPHYXIA)
Plaintiff was just over 40 weeks pregnant. Six days before she delivered, testing showed significant decrease in amniotic fluid levels. The amniotic fluid level was still normal and other tests were normal. Plaintiff was sent home and told to follow up with her prenatal doctor, which she did. When she started having contractions and her water broke the next day, she rushed back to the hospital. The fetal monitor strips immediately showed severe abnormalities. Delivery by emergency C-section took 27 minutes from the time the fetal monitoring started. The baby suffered from hypoxic ischemic encephalopathy, and it was asserted that the significant decrease in amniotic fluid six days earlier, (though still in a normal range), required further evaluation and follow-up within two or three days. The plaintiff-minor now suffers from cerebral palsy and developmental delays.
$1.9 Million PRE-SUIT SETTLEMENT--MILD CEREBRAL PALSY FROM PRETERM HIE (BIRTH APHYXIA)
The plaintiff was diagnosed with preeclampsia when she presented at the hospital a few days before delivery, but was not kept there for monitoring. She went into labor at 31 weeks and fetal monitoring showed the baby’s heart rate was slowing down, and a C-section was performed. Blood gases measured after birth showed metabolic acidosis and a CT scan of the baby’s head showed intraventricular hemorrhage (IVH) and possible PVL (a preterm white matter brain injury from hypoxic ischemic encephalopthy). The plaintiff minor has a normal IQ, but possible learning problems , along with Mild Cerebral Palsy. This case was settled in the amount of $1.9 Million prior to suit even being filed.
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$1.8 Million – MENTAL RETARDATION
Plaintiff claims that trauma during labor, due to an excess of Pitocin, resulted in mental retardation. The infant was born with Apgars of 3 and 7. Early in labor there was a prolonged deceleration, which the plaintiff claims was caused by the Pitocin. After birth, the infant was found to have cerebral hemorrhages and ischemia due to birth trauma. Seizures were also noted. The child, now two years old, is behind in development and has been diagnosed with mental retardation due to the birth trauma.
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$1.625 Million - MILD CEREBRAL PALSY AND COGNITIVE DELAYS DUE TO BIRTH ASPHYXIA
The Plaintiff had called her prenatal care provider with complaints of decreased fetal movement, severe swelling in her feet and ankles, dizziness and blurred vision . She was told to come in for evaluation, where a diagnosis of preeclampsia was ruled out based on her normal blood pressure and urine protein levels at that time, and a reassuring biophysical profile. She was discharged with instructions to monitor fetal movement and with preeclampsia precautions. A few days later, when plaintiff went into labor and presented at the hospital, her blood pressure and urine proteins were severely elevated and fetal heart tones non-reassuring, resulting in an emergency c-section being performed. Plaintiff minor suffers from cognitive delays and deficits, and mild cerebral palsy due to HIE.
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$1.55 Million - CEREBRAL PALSY DUE TO OVERVENTILATION AFTER BIRTH AND HYPOCARBIA
Plaintiff-mother was 17 years old when she delivered her first child nine weeks early. Complaining of contractions, she went to the hospital and delivered within a few hours. Minutes after birth, the baby had difficulty breathing because he was premature and was placed on a ventilator. The ventilator was poorly controlled, and the baby was over-ventilated, which caused holes in his lungs, and resulted in brain damage. Now approaching his teens, the child has cerebral palsy and difficulty walking. Plaintiffs received a settlement of $1.55 million four days before trial was to begin.
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$1.3 Million – CEREBRAL PALSY, MENTAL RETARDATION DUE TO FAILURE TO TREAT PRENTATAL INFECTION
Plaintiff went to the hospital due to spotting at 21 weeks. An exam revealed a high white blood cell count, but no infection was discovered. The patient was diagnosed with an incompetent cervix and had an emergency cerclage. The patient returned after three weeks with a history of discharge, was tested for infection, STDs, and contractions with negative results, and was released. Six days later, at 25 weeks, the patient was diagnosed with premature rupture of membranes and a C-section was performed. The infant survived but suffers from mild cerebral palsy and mental retardation.
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$1.125 Million - CEREBRAL PALSY, SEIZURES DUE TO VACUUM MISUSE
Plaintiff was scheduled for an induction of labor because she was 40 weeks and three days pregnant. There were problems during the labor and the attending doctor decided to use a vacuum to assist in delivering the baby. He allowed a first-year resident to perform the procedure, despite problems with the baby's heart rate and the fact that the resident had a poor track record and no experience using such a tool in a delivery. The vacuum was improperly used, and the baby suffered bleeding deep inside the brain. Now 10 years old, the child has cerebral palsy and severe seizure disorder as a result of the injuries he suffered at birth. Plaintiffs settled the case for $1.125 million.
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$1.1 Million - Mild Developmental Delays
The pregnant patient was non-compliant for her prenatal care, missing many tests. At 41 weeks, she was admitted for induction of labor due to the suspicion she was going to have a small baby. She started bleeding and problems were noted with baby's heart rate. An ultrasound was performed and then an emergency C-section was ordered and performed within 29 minutes. Records show that the Plaintiff had a rare condition called vasa previa, causing loss of blood volume to the baby and brain damage if a delivery is not performed within minutes. It was argued that the delivery should have occurred sooner. The child has some speech delays, and the case settled for $1.1 Million.
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$1.0 Million – MENTAL RETARDATION
Plaintiff, a 32-year-old mother who had given birth to five other children under eight pounds and claimed she received full prenatal care, went into labor at 38 ½ weeks. She had gained 150 pounds during her pregnancy and was not offered a C-section. After 14 hours of attempting a vaginal delivery, doctors performed an emergency C-section. Plaintiff’s son suffered from hypoglycemia at birth. School records show that the son, now 19, has an IQ of about 50, meaning he will likely never work or live independently. Plaintiff claims mental retardation was caused by birth trauma and hypoglycemia.
$975,000 – Cognitive Delays and Cerebral Palsy
Plaintiff was a non-compliant pregnant patient who missed many appointments. Her prenatal clinic had a poor tracking system for following non-compliant patients. When Plaintiff was term, she presented to defendant hospital and her baby was delivered within one hour and 14 minutes by C-section. Plaintiffs alleged that had the defendants had a better tracking system, Plaintiff would have been more compliant. Also, the delivery should have occurred sooner. Plaintiff-minor suffers from cognitive delays and deficits, and cerebral palsy. The case settled for $975,000.
Read the full news article for more information about this case.
If you have a birth injury case, contact a birth trauma attorney, handling cases in Detroit and across Michigan, at Reiter & Walsh, P.C. today. We handle exclusively birth injury cases and have the knowledge and experience to handle even the most complex litigation. We will put forth all our efforts to help you obtain the best possible results for your case.