Settlement for $8.65 Million for Medical Negligence Resulting in Brain Injury at Birth

This case involved a young, unwed mother who smoked during her pregnancy. She was treated in the ER on several occasions and left against medical advice.

Eleven days prior to delivery, she went to the ER with complaints of contractions and possible fluid leakage. The OB triage tested and found her membranes intact, and her water had not broken. They did a non-stress test (NST) that was reactive, but also had at least 1-2 small decelerations. She was discharged home. She missed her follow up OB appointment. Eleven days later, she came back to the hospital in labor. The fetal monitor showed that the baby was in distress and probably already had brain injury. The baby was immediately delivered but had a serious brain injury. She will have permanent, lifelong injuries.

Plaintiff asserted that that when the NST had decelerations, longer monitoring should have been done, along with an ultrasound since the decelerations were likely caused by low fluid. Had appropriate testing been done, they would have seen the baby was very small and delivered during the prior ER visit.

The case settled for $8.65 million.