The trusted birth injury attorneys at ABC Law Centers secures a $987,000 settlement (total annuity payout: $4.7 million) for a child injured by delayed delivery.
The Case: Severe Fetal Distress and Birth Asphyxia/Hypoxic Injury After Delayed Delivery
The plaintiff began her pregnancy with no signs of abnormality. At 40 2/7 weeks, she was told to come back in four days for an induction if labor had not yet begun and to visit a hospital if contractions began. Two days after her appointment, the plaintiff felt abnormal pressure and drove to the hospital 50 miles away. She was placed on a fetal monitor, and reports noted that she displayed mild to moderate contractions every 2-5 minutes for an hour. She was then asked to walk around for one hour. After doing so, her contractions were 6-7 minutes apart. After several hours, she was discharged and sent home, with instructions to return for induction as planned.
The evening before her scheduled appointment, the plaintiff began feeling contractions. She drove to the hospital and was admitted to the labor floor three hours later. The baby was found in severe fetal distress. Doctors performed a C-section, but brain damage had already occurred – the child had hypoxic ischemic encephalopathy. This complication, abbreviated as HIE, is a birth injury due to fetal oxygen deprivation. In this case, the HIE resulted in mild hemiparesis (weakness on one side of the body), mild cognitive delays and a low normal IQ.
The Result: Hypoxic Ischemic Encephalopathy and Permanent Neonatal Brain Damage Due to Medical Negligence
The defense stated that there was no reason to admit the plaintiff to the hospital the day she felt abnormal pressure because she was not in labor. The plaintiff’s experts agreed that she was not in labor that day. The defense further argued that it is a routine procedure to send patients home with mild contractions if they are not in labor; and that the injury the baby sustained occurred five days before delivery (based on head films and other evidence). They further asserted that the child’s condition was near-normal.
This case went into mediation. Our firm noted that its success was due to the use of a focus group. The group was able to successfully narrow down the case to its most important issues, making it a crucial tool for depositions and discovery.
Fetal and Birth Brain Injury Attorneys
ABC Law Centers has helped dozens of families affected by complications during pregnancy and labor/delivery, as well as complications after labor and delivery (during the neonatal period). Our primary focus is HIE. Jesse Reiter, the president of ABC Law Centers, has been focusing solely on birth injury cases since he began practicing law in 1987. Our partners are recognized as some of the best medical malpractice lawyers in the U.S. by U.S. News and World Report. Our compassionate and highly knowledgeable attorneys provide legal advice to those we represent. Our results-driven track record has allowed us to become a highly successful firm, responsible for numerous multi-million dollar verdicts and settlements.