Medical Malpractice Case Report: $3.3 million settlement for negligent delay in delivery

Firm partners Kathleen Flynn Peterson and John F. Eisberg of Robins, Kaplan, Miller & Ciresi L.L.P. secured a medical malpractice settlement of $3.3 million for infant suffering from birth injury cerebral palsy after a negligent delay in delivery.  Read the following Minnesota Association (MAJ) for Justice Minnesota Case Report:

Selected Results*

(Excerpts taken with permission from Minnesota Trial Lawyers Association's (MTLA) "Minnesota Case Reports")  

Mother reported to the hospital at term reporting decreased fetal movement.  She was admitted to hospital with diagnosis of early labor and a negative contraction stress test.  External fetal monitoring showed an average LTV (long-term variability) and a normal fetal heart baseline.  An artificial repture of the membrane resulted in thick meconium in the colon.  Plaintiffs claimed that the continued fetal monitor showed decreased variability and variable decelerations progressing to late decelerations.  Pitocin augmentation was begun.  Plaintiffs experts opined late decelerations and a flat baseline persisted; they also said the decision to deliver should have been made by 20:40 and delivery accomplished by 21:15; and the decision not to intervene in light of the clinical information available and evidence on the fetal monitoring was a deviation from accepted standards of medical practice.

The baby was delivered at 23:03 with Apgar scores of 1 and 1.  Plaintiffs experts opined the child's clinical condition was consistent with an acute hypoxic ischemic induced asphyxia (damage to cells in the brain and spinal cord from inadequate oxygen) and now suffers from cerebral palsy characterized by spastic quadriplegia and developmental delays.

Settlement:                  $3,300,000
Case Name:                 Parents of minor and parents v. Doctor and Hospital
Date of Disposition:       February, 2004
Attorneys:                    Kathleen Flynn Peterson
                                   John F. Eisberg

Minnesota Medical Malpractice Lawyers handling birth injury cases