Brain Damaged Baby Case Settles For $4.9 Million Soon After Suit Filed For Labor Mismanagement

Martin & Jones filed suit on behalf of a two-year old girl and her family because improper medical care during labor and delivery caused brain damage in the baby. The mother had delivered her first child by Caesarian section, and the birth plan was for a repeat Caesarian section. Both the obstetrician and nurses documented the plan for a repeat Caesarian section. Without the mother's consent, the baby was delivered vaginally. Due to worrisome fetal monitor strips indicating fetal distress during the two hours prior to delivery, the nurses called the obstetrician seven times, but received no new orders. At delivery the little girl was limp and blue due to oxygen deprivation during labor, and she soon developed seizures and was later diagnosed with cerebral palsy. Martin & Jones obtained opinions from nearly 20 medical and nursing experts before suit was filed and shared their opinions with the defendants soon after the lawsuit was filed. As a result, the parties agreed to a very early mediation which led to resolution of the claim. The $4.9 million settlement was unusual both for its size and the fact that it came early in the legal process. The obstetrician had limited insurance coverage in the case.

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