Bostwick & Peterson, LLP Case Results

Below are just a few of our notable and recent birth injury case results:

• $10.0 million - 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.
• $8.9 million - Record trial judgment for improper use of vacuum extraction and failure to timely deliver baby - Our birth injury lawyers tried a case against the United States government in the Federal District Court of Hawaii. It was our contention that this child had been injured at birth because of improper management of the labor process. The defendants requested the case be divided into two trials, one on the issue of the statute of limitations, and the other on the remaining medical issues. We tried both issues in trials six months apart and won both trials. The judgment was for $8.9 million. Our birth injury lawyers were told at the time that this was the highest Ninth Circuit award for an individual in a medical malpractice case.
• $8.0 million - Record settlement for a neonatal/birth injury—baby suffered severe spastic quadraparesis and relatively retained cognitive ability - Our birth injury and neonatal attorneys settled this case for a record amount. This child was born normally. In the first 24 hours, she was found not breathing by a nurse and a code was called for resuscitation. During the resuscitation process, the child was ventilated and the ventilator equipment was later changed. The equipment change involved an improper ventilator tube with no exhaust valve. The child was blown up like a balloon and both lungs were ruptured. The child was immediately diagnosed with bilateral ruptured lungs. The lungs were re-inflated and the child resuscitated again. The baby ended up with severe spastic quadraparesis and relatively retained cognitive ability. We contended the initial nurse missed the symptoms of the child's impending apnea and failed to respond promptly to the child's lack of breathing. We also contended that the respiratory therapist should not have placed a ventilator tube that had no exhaust valve. The defendants admitted the tube was improper but contended that damage was done in the first apnic episode while the baby was in the mother's hands and before the nurse came into the room. Our research indicates this result is the top neonatal/birth injury settlement/verdicts in the state.
• $5.0 million - Highest birth injury settlement in state's history for delayed emergency C-Section - Our birth injury lawyers handled this case in a middle America state west of the Mississippi. This is believed to be the highest birth injury settlement in the state's history. During the labor process, there was an abruption of the placenta causing significant evidence of fetal distress on the fetal monitoring strips. An emergency C-Section was called but not accomplished until about 40 minutes after there was evidence the baby was in trouble. We contended that the hospital and the doctor had all the personnel present necessary to do an emergency C-Section and that the baby should have been delivered more expeditiously under the circumstances. The defense contended that even in the best of circumstances a certain amount of time must transpire before an emergency C-Section can be accomplished in a community hospital setting. The case was settled for the full policy limits of the physician.
• $4.75 million - Record settlement against hospital and obstetrician for failure to recognize fetal distress and promptly deliver baby - Our birth injury lawyers in San Francisco recently represented a child who was brain injured during the birth process. We contended the defendant hospital and obstetrician failed to recognize and promptly treat evidence of fetal distress occurring during the labor process. Defense contended that illegal drugs taken by the mother early in the pregnancy may have caused the problem and argued that in any event the brain injury occurred before the labor began and could not have been prevented by earlier intervention. The case was settled at the time of trial for $4,750,000. Our birth injury lawyers believed this to be the highest prejudgment medical malpractice settlement in California history at the time. The new record is our $9.9M case described above.
• $4.1 million - Our birth injury lawyers in San Francisco tried a case involving failure to timely recognize fetal distress and promptly deliver baby causing brain injury.
• $4.0 million - Verdict in a case involving failure to recognize fetal distress and promptly deliver baby causing brain injury.
• $3.8 million - We secured a substantial verdict in a case improper use of forceps in delivery causing brain injury.
• $3.5 million - Our birth injury lawyers in San Francisco tried a case involving failure to deliver in a timely manner causing brain injury.
• $3.45 million - We secured a verdict on behalf of clients whose child suffered a brain injury due to a failure to deliver in a timely manner
• $3.32 million - Our birth injury lawyers in San Francisco tried a case involving failure to deliver in a timely manner causing brain injury.
• $3.1 million - Our birth injury lawyers in San Francisco tried a case involving failure to deliver in a timely manner causing brain injury.
• $3.0 million - Our birth injury lawyers in San Francisco tried a case involving shoulder dystocia resulting in brain injury causing brain injury.
• $2.8 million - The verdict was obtained in a case involving malpractice committed by a nurse midwife and hospital nurses, which resulted in brain injury
• $1.95 million - Our birth injury lawyers in San Francisco tried a case involving failure to diagnose hydrocephalus in a 22-week fetus, resulting in the birth of a brain damaged baby. (Parents can only collect for the cost of future care in such cases).