1.587 Million Dollars Awarded
CASE DESCRIPTION: While a woman was giving vaginal birth she experienced a uterine rupture. The hospital staff should have responded to calling for an immediate C-Section. Although a C-Section was ordered it was a half an hour later. As a result the child was born with a severe hypoxic brain injury. Plaintiff sued the hospital on the basis of medical malpractice.
RESULT: $1,500,000.00 total settlement
Plaintiff Mrs. Doe was a patient in Defendant Roe Hospital giving birth to her second child Plaintiff Baby Doe. Mrs. Doe delivered her first baby by Cesarean section. Plaintiff Baby Doe was being delivered vaginally (VBAC). Anytime a woman undergoes a VBAC delivery, there is a known risk of uterine rupture. The treating OB/Gyn doctor ordered the administration of Pitocin to induce labor. Sometime later Plaintiff Mrs. Doe felt a "pop-type" sensation in her stomach (which was her uterus rupturing.). The fetal monitoring strips began to immediately show signs of hypoxic episode for the child. The nursing staff should have called for an immediate C-section. Unfortunately, the actual C-section did not occur until another 33 minutes later. Plaintiff Baby Doe was born with a severe hypoxic brain injury.
Plaintiffs contend that the nursing staff and Defendant Doe Hospital failed to properly keep Mrs. Doe's regular OB-GYN doctor properly informed of Mrs. Doe's status and failed to call for an immediate C-section upon clear signs of uterine rupture.
The Defense took the stance that the nursing staff acted properly.
TYPE OF CASE: Medical Malpractice
INJURIES: Baby Doe was born with a severe hypoxic brain injury.
DATE & LOCATION OF INCIDENT: On 1/2/97 in Newport Beach, California.
PLAINTIFF'S AGE: Baby Doe, born on 1/2/97
PLAINTIFFS' ATTORNEY: Richard A. Cohn
AITKEN * AITKEN * COHN
For Plaintiff - Ms. Doe & Baby Doe
Doe Defense Attorneys
For Defendant - Roe Hospital