Case Results

Neonatal Injury Settlement for Neonatal blindness injuries to premature triplets after failure to diagnose condition in a timely manner. This case involved neonatal blindness injuries to premature triplets from retinopathy of prematurity. One child was almost completely blind; one child was almost completely blind in one eye and had partial loss of vision in the other eye; and the third child had some functional diminution of vision, primarily in one eye. Retinopathy of prematurity (what used to be called rebrolentna fibroplasia can be treated if timely diagnosed. It is a common problem in premature infants. We contended that the hospital, neonatologist, and pediatricians failed to properly follow up and screen these children and failed to diagnose the condition in a timely manner. The defendants contended that the mother had been properly warned about the condition and failed to obtain an eye exam in a timely fashion after the triplets were discharged from the hospital. This confidential settlement is believed to be the largest of its type in the history of the state of occurrence.

Birth Injury This California birth injury settlement is a state record. The defendants failed to monitor this fetus during critical times before the birth and when they did resume monitoring the child was in distress. The baby suffered profound cerebral palsy and will require 24 hour care for the remainder of its life. The value of the confidential settlement is based on the cost of an annuity to fund the settlement amount plus the cash agreed upon.

Birth Injury Record settlement for an obstetrical case. Our birth injury specialist recently settled a case for $10,000,000 for birth injuries to a child now 3 years of age. The 17 year old mother had a normal pre-natal course, was admitted to the hospital for a trial of labor with normal fetal heart tones on the monitor strip. Rupture of membranes later revealed clear fluid and thereafter, a pattern of variable and late decelerations developed with retained variability. In the early morning hours, the late and variable decelerations continued with diminished variability. The baseline became tachycardic with diminished variability with persistent significant mixed late and variable decelerations with slow recovery. This continued for approximately four hours to the birth. The mother developed a fever or 38.5 after the epidural was given. The baby demonstrated a similar after birth with a pH of 6.98 with a base deficit of 15.4. The defendants contend that there was not sufficient loss of variability to justify intervention. They contended that the cord gas did not evidence significant metabolic acidosis and the child course after birth was more consistent with intrauterine infection, bacterial infection than interpartem hypoxia. Plaintiffs contended that there was clear evidence of non-reassuring fetal heart tones suggestive of metabolic acidosis which required earlier intervention. Plaintiffs contended that the baby’s presentation after birth was classic for interpartum asphyxia and met most of ACOG’s guidelines for hypoxic ischemic encephalopathy from interpartum events. The child is a spastic quadriplegic, tube fed with global delays, including severe cognitive deficits. Defense contented life-expectancy was limited. Plaintiffs contended life expectancy was near normal. This is believed to be a record settlement for an obstetrical case. This confidential settlement is considered to be a record settlement or verdict in the state where it was obtained.