$4,125,000 Settlement in Medical Malpractice Action Against Hospital for Failure to Appreciate Uterine Hyperstimulation and Cephalopelvic Disproportion
The plaintiff was hospitalized in order to deliver her first child. After the plaintiff went into labor she began to show signs of uterine hyperstimulation caused by Pitocen. The plaintiff also showed a failure to progress. Both these adverse signs went undetected and unreacted to by the assigned labor and delivery nurse. The repeated stressors to the baby’s skull due to cephalopelvic disproportion or CPD resulted in the baby suffering permanent brain damage. The plaintiff alleged that the hospital’s labor and delivery nurse negligently failed to appreciate, react and report to these adverse signs resulting in prolonged stress on the baby’s skull causing the baby’s brain damage. The hospital denied negligence and alleged the baby’s brain damage was caused by a preexisting condition . The hospital further alleged that the plaintiff’s treating OG/GYN was aware of the baby’s condition and did not feel any earlier intervention was necessary. . After extensive litigation on many issues the case settled shortly before trial.