Obstetrician ordered to pay almost $40M medical compensation

A Middlesex County jury found an obstetrician and gynecologist negligent for having waited more than five hours to deliver a baby by caesarean section despite signs of severe fetal distress. The doctor was ordered to pay nearly $40 million medical compensation to the boy and his family.

The boy is now about eight years of age, has cerebral palsy and functions at the level of a two- to four-year-old. His mother said she felt relieved and vindicated by the doctor malpractice judgment against the doctor.

Plaintiff's medical attorney said the verdict, which exceeds a $30 million award to a Randolph mother and her brain-damaged child in 1992, apparently stemmed from the severity of the boy's injuries and the care he will need for the rest of his life.

Today plaintiff's son needs help dressing and showering. His speech is garbled, and he can generally be understood only by his parents. He walks with braces and has a wobbly gait. He has no control over his right hand and has a shunt in his head to drain fluid.

Jury awards $16M to child with cerebral palsy symptoms

The baby was born with cerebral palsy symptoms. The child's condition and the cerebral palsy symptoms he exhibits are due to the negligence of Dr. Dennis Lund, a Children's Hospital surgeon and Dr. James Rawn, a former Children's Hospital resident who is now a cardiothoracic fellow at Brigham and Women's Hospital, said the plaintiff's medical attorney.

A Suffolk County jury ordered the doctors to pay plaintiffs $16 million. This makes it one of the largest doctor malpractice awards in Massachusetts to date. The boy is now about six years of age. He suffered severe brain damage during his treatment at Children's Hospital shortly after birth. The boy has the mental capacity of a two- to three-month-old infant, said his medical attorney.

The boy's medical lawyer persuaded the jury that the brain injury was caused by the defendants. The medical attorney charged: "They overdosed this baby with potassium.... The jury found they failed their responsibilities to this child." It was the potassium overdose, the medical attorney said, which precipitated the cardiac arrest.

This medical lawsuit might mark a record for a Massachusetts doctor malpractice award. With interest, the amount paid to the child's parents could total $24 million.

Medical attorneys help cerebral palsy child recover $23.8M medical compensation

Medical lawyers succeeded in obtaining $23.8 million medical compensation for a girl suffering from cerebral palsy. At birth, the child exhibited cerebral palsy symptoms due to a traumatic delivery at Massachusetts General Hospital.

Plaintiff's medical attorneys argued that the obstetricians neglected Maria Lynn McLaughlin while she struggled to deliver her first child and failed to recognize that baby Julia's head was tipped so that she could not fit through her mother's pelvis.

The medical lawyers charged that after 17 hours of labor the defendant doctor pulled the baby out with a vacuum extractor without informing the parents about the risk of brain damage.

''They weren't paying close enough attention to this patient, and they didn't take the time to discuss the situation and warn the parents," said the medical attorneys further.

The verdict, which includes $12.9 million in damages and $10.9 million in interest since the lawsuit's filing in 1998, must be the third largest overall award in state history.

If you have questions about birth trauma, birth injury or cerebral palsy, or if you have questions about a possible doctor malpractice claim, contact medical lawyers in your area. Usually, there is no fee or cost to you to have your case evaluated by qualified medical attorneys.

Baby with cerebral palsy symptoms awarded $4 million

This is a doctor malpractice case involving an infant who at birth exhibits cerebral palsy symptoms. The minor plaintiff recovers $4 million in medical compensation plus damages for injuries sustained due to fetal distress.

A 34 year-old woman expecting the birth of her first child and was admitted to the hospital in the afternoon with complaints that she had been leaking small amounts of fluids since very early that morning. Tests confirmed that she had ruptured membranes.

The plaintiff also conveyed that she felt good fetal movement earlier that morning but that was unable to detect any signs of movement in the afternoon. The plaintiff was hooked up to an electronic fetal monitor to assess fetal well being as well as to determine the frequency of the plaintiff’s contractions. The plaintiff was unaware of any contractions, but the external fetal monitor displayed mild contractions every 5 to 9 minutes. The baby’s heart rate was reactive with a baseline in the 140’s and no decelerations. Pitocin, a drug used to stimulate labor, was ordered at this time and was subsequently started at 2mu/ml at 4:30 p.m.

At 6:05 p.m., the attending nurse opted for decreased long-term variability and called the attending physician to view the strip. The strip shows a decrease in long-term variability that can indicate that the baby is experiencing some distress, requiring vigilant monitoring.

It took a long time for attending physician to arrive and, in the mean time, additional signs of fetal distress were noted. After several hours of monitoring and noting the baby's worsening condition, no steps were taken to expedite delivery.

The next day at 2:43 a.m., the baby’s heart rate becomes tachycardic at times and there are numerous decelerations with decreased to absent short-term variability. At 4:10 a.m., defendant doctor recognizes that the baby must be delivered and the Pitocin was subsequently shut off, and scalp stimulation was attempted. These were futile steps, as shortly thereafter the baby’s heart rate dropped to 60 bpm and did not recover to baseline.

Defendant doctor claims that between 4:15 and 4:31 a.m. she paged the on-call anesthesiologist (another defendant), in preparation for an emergency Cesarean section. By 4:36 a.m., the fetal heart rate went into a terminal bradycardia, indicating further that the baby was experiencing the cumulative effects of hypoxia. Defendant doctor said that the anesthesiologist was paged a couple of times more after the initial page and that she waited at least 20 minutes for anesthesia. There is no mention of any delay for anesthesia anywhere in the medical records.

However, defendant physicians made the decision to proceed with an emergency Cesarean section without the anesthesiologist. They gave the plaintiff a local anesthetic in order to make their incisions.

The baby was delivered at 4:54 a.m. through particulate meconium. She was limp, apneic and cyanotic with Apgar scores of 1, 2, and 2. She was promptly intubated and taken to NICU.

The minor plaintiff was diagnosed as suffering from hypoxic ischemic encephalopathy, severe metabolic acidosis, and respiratory depression. On the first day of life, minor plaintiff's head ultrasound and cranial CT were within normal limits. However, after a couple of weeks MRI would show ischemic changes in the post-frontal and basal ganglia area confirming the diagnosis of hypoxic ischemic encephalopathy.

Today, the minor plaintiff suffers from profound brain damage as a result of the delay in her delivery. About 8 years of age now, she cannot walk, talk or even hold her head upright unsupported. She feeds through a G tube. She continues to take medication for a seizure disorder. She has been diagnosed with spastic quadriparesis, microcephaly and marked gross/motor delays.

Prior to trial, the parties entered into negotiations which resulted in settlement of the matter in two parts due to the fact that the defendants had separate insurers. The case settled for a total of $4 million.

Medical attorneys and cerebral palsy lawsuits

What is cerebral palsy? The term cerebral palsy describes a group of disorders that affects body movement and muscle coordination. Brain development starts in early pregnancy and continues until approximately age three. If the brain is damaged during this time, it may lead to cerebral palsy.

This damage interferes with messages from the brain to the body, and from the body to the brain. The effects of cerebral palsy vary widely from individual to individual. At its mildest, cerebral palsy may result in a slight awkwardness of movement or hand control. At its most severe, cerebral palsy may result in virtually no muscle control, profoundly affecting movement and speech.

Having a child with cerebral palsy can be difficult for a parent, and although this is a condition that will not worsen as the child grows older it can affect the child’s life quite dramatically. The condition is the result of impaired development or damage to certain areas of the brain, and can be the result of medical malpractice or birth injuries sustained during delivery.

As a parent you could be entitled to claim compensation for your child’s condition if it was caused in this way, and this will go some way towards providing the extra care and attention that your child may need as a sufferer of cerebral palsy. However, it is not always easy to prove negligence, and with medical authorities having expert legal teams on their side you need to ensure that you also have the assistance of someone with specialist knowledge and expertise.

A medical attorney specializing in cerebral palsy lawsuits is the ideal person to help you with your cerebral palsy case, and as a legal expert in this area can put together a solid case to increase your chances of success. Your cerebral palsy medical attorney will gather all of the information and evidence required to get the most favorable outcome possible.

Based on the information that you provide and the evidence available, an experienced cerebral palsy medical lawyer or attorney will be able to advise you immediately whether or not you have a case. Your cerebral palsy medical attorney will also give an assessment regarding your chances of success based on previous similar cases.

Medical attorneys or lawyers with experience and expertise in cerebral palsy medical lawsuit are your invaluable allies, as they can use their skills and knowledge to maximize your chances of a successful medical compensation claim.

Your medical lawyer will take the necessary action to prove your case and to get the medical compensation to which you and your child are entitled.

Newborn's catastrophic brain damage settled for $5 million

This case involves a child who at birth exhibited cerebral palsy symptoms. Failure on the doctor's part to supervise student and failure to respond appropriately to change in fetal activity level has resulted in catastrophic brain damage in newborn baby.

The boy is now 11 years old. Because of his devastating neurological injuries, he can neither sit, walk, communicate in any way nor can he use his arms or legs purposefully. He cannot swallow food or liquids. At times, he smiles. He cries when he feels pain.

The defendants in the case are a certified nurse midwife and an obstetrician. The claim against the nurse midwife is that on 07/07/97 she abandoned her responsibility for the plaintiff (her patient) during a 33–34 week prenatal visit when she allowed a student to conduct the entire prenatal visit unsupervised by any certified nurse midwife.

The result was that important information about fetal activity was overlooked and the plaintiff was sent home without required follow up testing. The next day, testing was non-reassuring and the plaintiff was admitted to the defendant obstetrician at St. Vincent Hospital for further evaluation.

The plaintiff was 35 years old and this was her first pregnancy.

The claim against the obstetrician is that knowing that she could not safely deliver a 33-34 week baby at St. Vincent Hospital, she failed to immediately transfer the patient to U/Mass Memorial Hospital for evaluation and delivery. Instead, she obtained additional non-reassuring test results, attended to other patients and was generally otherwise unable to account for her activities during the more than four hours that the plaintiff remained at St. Vincent’s. Once transferred to Memorial, the baby was delivered promptly by cesarean section.

Over the July 4th weekend, the plaintiff noticed a change in fetal activity she described as rolling movement that was somewhat less than had been happening previously. On Monday, 07/07/97, she attended a 4:30 p.m. prenatal appointment where she agreed to allow a student to participate in the exam. The plaintiff fully expected to be seen by the certified nurse midwife with whom the appointment had been scheduled. This did not happen.

The student recorded a number of concerning findings — elevated blood pressure, proteinuria, breech presentation and pitting edema from the midcalf down. She was unable to find the fetal heart rate and brought the certified nurse midwife in for that purpose only. As for fetal activity, the student recorded that it was present — technically true. However, she did not record the change and diminution reported to her by the plaintiff. The student spoke with the certified nurse midwife outside of the patient’s room and returned with a plan for a non-stress test to be done the next day. The certified nurse midwife did not evaluate the plaintiff herself. The student told the plaintiff that the non-stress test could not be done that afternoon because the midwife had to leave to pick up her children at camp.

The plaintiffs’ claim is that because of the change in the baby’s activity the non-stress test needed to be done on the same day the plaintiff reported the change in fetal movement.

The plaintiffs’ claim is that the test would have been non-reassuring, as it was the next day, resulting in a timely delivery and the avoidance of brain damage to the baby. The plaintiffs’ claim is that the certified nurse midwife was fully responsible for the plaintiff on 07/07/97 and was required — for a variety of reasons — to personally evaluate the plaintiff herself. Had she done so, rather than turning the visit over to a student, more likely than not, she would have appreciated the plaintiff’s description of the change in fetal activity, leading to timely testing and delivery without injury.

The next morning, 07/08/97, the plaintiff returned to Fallon Clinic as instructed. A non-stress test was non-reactive and the plaintiff was sent to St. Vincent’s Hospital under the care of the defendant obstetrician. The plaintiff remained at St. Vincent’s for more than four hours. During this time, the fetal heart pattern was non-reassuring. A biophysical profile was scored as 2/10. The baby’s movement slowed even more. There were few signs of fetal well-being.

At trial, the defendant obstetrician testified that she thought the baby might have been sleeping and so, did not rush to transfer the plaintiff to a hospital with a Level III nursery where the baby could be safely delivered. Once the decision to transfer was finally made, it took nearly another hour to get the patient from St. Vincent to UMass Memorial, which is a few minutes away.

The plaintiffs claimed that it was unreasonable to presume a sleep cycle in the face of the ever increasing signs of fetal distress, and that the obstetrician should have transferred the plaintiff to UMass Memorial rather than accepting her at St. Vincent Hospital. In the alternative, the plaintiffs claimed that the biophysical profile should have been done immediately upon arrival, would have been scored as 2/10 and the plaintiff would then have been timely transferred and delivered without resultant brain damage to the baby.

The plaintiff was admitted to Labor and Delivery at UMass Memorial Hospital at 3:20 p.m. The baby was born by cesarean section at 4:18 p.m. He weighed 4 pounds, 5 ounces. He was limp and dusky, with a heart rate less than 40, and poor respiratory effort. His Apgar score was 1 at 1 minute, and 8 at 5 minutes. He was given blow-by oxygen, then bag/mask breaths. At 5 minutes of age, he developed grunting, flaring, and retractions, with decreased air exchange. Cord pH was acidotic at 7.00.

The baby remained in the nursery for 57 days. The medical records indicate that he had suffered in utero asphyxiation and hypoxic ischemic encephalopathy. Imaging studies showed a grade III intraventricular hemorrhage and eventually, periventricular leukomalacia.

Presently, the child is blind, has significant hearing impairment, suffers from a seizure disorder, is severely developmentally delayed and has spastic quadriparalesis. He is fed through a jejunostomy tube.

The case was tried before a Worcester jury for eight days. At the end of the second day of deliberations, the parties settled for $5 million.

Baby's brain injury medical lawsuit settles for $3.5 million

At birth, the baby exhibits cerebral palsy symptoms. Nurse midwives, student nurse midwife and registered nurse and physician are defendants in this medical lawsuit. Defendants allegedly responded improperly to signs of fetal distress that resulted in severe permanent brain damage to a baby.

This medical lawsuit involves a now seven-year-old boy with significant, permanent brain damage caused by in utero hypoxia.

According to plaintiffs’ medical attorneys, from the time pregnancy ended to the day of delivery defendants responded inappropriately to obvious signs of fetal distress allowing the unborn baby to become more and more hypoxic, ultimately resulting in permanent brain damage. The defendants deny that their care was the cause of the child’s neurological damage.

At 38 weeks gestation, plaintiff mother placed a call to the midwifery service and told them that she wasn't feeling well. She also reported decreased fetal movement. The responding defendant midwife addressed the mother’s complaints of cough, but failed to address the decreased fetal movement in any way.

Two days after, the plaintiff presented to hospital where she again complained of decreased fetal movement. Defendant registered nurse placed the patient on the fetal monitor and immediately noted alarming findings -- decelerations in the baby's heart rate and absence of accelerations.

This registered nurse and the defendant student nurse midwife would stay with the patient until the baby was ultimately delivered hours later. For the most part, they provided care without the supervision of the attending obstetrician or the supervising certified nurse midwife. At no time did they take any steps to improve blood flow and oxygen to the baby, i.e.: administer an IV fluid bolus, adjust the maternal position, administer oxygen.

At some time during the morning, the supervising certified nurse midwife was contacted and was informed of the presence of the patient and of the non-reassuring appearance of the fetal heart rate pattern. She chose not to come to the hospital as the attending obstetrician was on the premises. The obstetrician claims that he was unaware that the “midwife” with the patient was a student and that in any event, it was not his responsibility to supervise her.

The defendant obstetrician ordered a biophysical profile. The result calls for an urgent delivery of the baby. The defendant obstetrician, however, waited an hour before obtaining the patient’s consent for Cesarean section and failed to relay to the anesthesiologist that the procedure needed to be done urgently. In the meantime, the nurse and the student nurse midwife continued to attend to the patient and still did not undertake any intrauterine resuscitation measures.

The C-section was performed more than three hours after the doctor read the biophysical profile result. At delivery, the baby was showing cerebral palsy symptoms. His heart rate was only 20, he was floppy and was not breathing. Cord pHs were acidotic at 7.02 and 7.04. Apgar scores were 3 and 7. In the nursery, the child had hypocalcemia (low blood calcium levels), thrombocytopenia (low platelets), and hematuria (blood in his urine) – all signs of in utero hypoxia.

He has since been diagnosed with hypoxic ischemic encephalopathy, cerebral palsy and global developmental delay.

Today, the minor plaintiff lives with devastating inury. He cannot walk or speak. He cannot hold his head up or sit unattended. He feeds via a gastrostomy tube. The minor plaintiff is completely dependent for all activities of daily living.

The plaintiffs claim that the defendants were negligent when each failed to properly respond to the obvious signs of fetal compromise -- decreased fetal activity, a non-reassuring fetal heart rate pattern and a low biophysical profile score. The defendants claim that their care was in keeping with the standard of care and that nothing done or not done contributed to the minor plaintiff’s neurological injury.

The defendants settled the medical lawsuit for $3.5 million before the scheduled trial date.

Medical attorneys fear Oklahoma legislature might cap doctor malpractice

Oklahoma medical attorneys brace for doctor malpractice caps as some members of the Oklahoma Legislature are intent on imposing unreasonable caps on non-economic damages in medical lawsuits.

Oklahoma House Bill 1603 would provide a maximum of $300,000 for pain and suffering damages in medical lawsuits in Oklahoma.

Take the case of Karla Beatty, for instance. When doctors removed a brain tumor, Karla developed a serious staph infection in the process, which forced doctors to take a drastic action.

"I lost part of my skull; I lost part of my brain. If he [the doctor] would have just taken the time, when it's been just a little pimple, and took the time to swab in right then, I could still have my vision," says Beatty.

Because Karla's infection was originally misdiagnosed by her doctor, she was awarded thousands of dollars for her pain and suffering in a doctor malpractice or medical lawsuit.

However, under House Bill 1603, Karla would have gotten only a maximum of $300,000 for pain and suffering, regardless of the circumstances.

"How can you say that a dollar is worth that much pain," said Beatty.

"The money does not relieve the pain and suffering," says State Representative Dan Sullivan, who authored the bill.

Sullivan, who was the Doctor's attorney in Karla's case, says that putting a cap on pain and suffering would lower insurance premiums without compromising healthcare.

"What we do not cap is the need for medical expenses and things of that nature where there is no cap," say's Sullivan.

But according to Beatty there a few things the government shouldn't be allowed to decide.

"He (Sullivan) took an oath to the people and he should be working for the people," Beatty says.

Raptiva use may lead to medical lawsuits

The use of the psoriasis drug Raptiva could lead to medical lawsuits as the FDA issued a warning that taking the drug could result in serious brain infection and even death.

Raptiva has been found to cause a serious brain infection called progressive multifocal leukoencephalopathy. Three confirmed long term users of Raptiva have developed progressive multifocal leukoencephalopathy (PML) after the use of the injectable drug.

Raptiva is used by adults with moderate to severe plaque psoriasis. It acts by suppressing T-cells in the immune system that cause psoriasis-associated skin inflammation.

Medical attorneys are now starting to look into the facts of potential medical lawsuits involving Raptiva.

If you or a loved one has been diagnosed with progressive multifocal leukoencephalopathy (PML) after the use of Raptiva. If you believe you or someone you love who was taking Raptiva has PML, contact a medical lawyer immediately about your potential Raptiva medical lawsuit.

Left brain-damaged woman awarded $5 million medical compensation

This is a medical lawsuit involving hospital malpractice in Allegany County Pennsylvania. The jury ordered the University of Pittsburgh Medical Center to pay $5 million to a left brain-damaged woman after she was given eight times the correct dose of sodium required to correct a chemical imbalance.

Plaintiff was diagnosed with an electrolyte deficiency and low sodium after a visit to the emergency room, her medical attorneys said. The hospital's treatment plan was to slowly correct her low sodium. However they accidentally gave her a dosage eight times the amount she should have received.

The sodium overload caused permanent brain damage that has prevented plaintiff from returning to work, impaired her speech and made walking difficult, according to her medical lawyers. She now requires in-home care from her daughter and had a "long recovery period in South Side Hospital and a nursing home, her medical attorneys added.

Missouri wife bleeds to death during dilation and curettage; plaintiff awarded $1.2M settlement

Plaintiff's 49-year-old decedent wife underwent dilation and curettage performed by defendant doctor on January 12th, 2000. Although defendant started the procedure under a local anesthetic, at some point he decided to continue under general anesthesia. Extensive bleeding occurred during the procedure, leading to a lack of blood supply to the brain.

Decedent wife had to be resuscitated. She then died of irreversible brain damage on February 22nd.

Plaintiff's medical lawsuit claimed that the risk of bleeding should have been anticipated and prepared for before the surgery. Plaintiff noted that his wife had a history of diabetes that made her dangerously prone to bleeding. Plaintiff further noted that decedent's hematocrit and hemoglobin levels taken a couple of days prior to the procedure were both low and should have alerted defendants to the potential significance of bleeding during surgery.

Published accounts reveal that the obstetrician/gynecologist and anesthesiologists settled for $1.2 million, while the hospital settled for an undisclosed sum.