Birth Injury Verdicts: Doe v. Doe

Doe v. Doe

March 20, 2001

RESULT: $ 4.3 million settlement, reached on the first day of trial.

STATE: Ohio

SUMMARY: Minor plaintiff was born on April 10, 1996 at defendant hospital. Her mother had experienced a normal pregnancy. The only risk factor was the mother's history of previous c-section delivery in 1994. Defendant obstetrician had recommended a vaginal birth after the cesarean section.

The mother's water broke during the evening of April 9, 1996. She was admitted to defendant hospital on the morning of April 10, 1996. An electronic fetal monitor was set up to monitor the mother's contractions and the baby's heart rate during labor. In addition, the on-duty obstetrician ordered the administration of Pitocin, a drug designed to start or enhance labor contractions. Pitocin was started by an obstetrical nurse at 10:00 a.m., and was continued for the next 7 hours. Labor proceeded without incident until one half hour before minor plaintiff's birth, when the mother's uterus ruptured, causing a cut-off of oxygenation to minor plaintiff. After attempting vacuum and forceps extraction of the child, defendant obstetrician delivered her via emergency c-section. Upon birth, the child was severely asphyxiated and suffered extensive damage to her brain, resulting in cerebral palsy and mental retardation.

The claim against the defendant hospital centered on the obstetrical nurse's failure to pick up on signs of hyperstimulation of the uterus, which ultimately led to the rupture. In addition, plaintiffs alleged that the nurses inappropriately left the laboring mother unattended for a period of 9 minutes during which the rupture occurred. As a result, there was a delayed response to the evidence of fetal distress, which was reflected on the electronic fetal monitor following the rupture.

Plaintiff's expert, Dr. Elliott, opined that the nursing care fell below acceptable standards when the obstetrical nurses failed to diagnose and treat the hyperstimulation, and left the laboring mother alone for 8 to 9 minutes while she received pitocin. Additionally, it was his expert opinion that defendant obstetrician deviated from the standard of care by wasting valuable time attempting to deliver by vacuum and forceps when he should have known a uterine rupture had occurred and a C-section was necessary. Dr. Elliott stated that if the nurses had appropriately diagnosed and treated the hyperstimulation, the rupture would have been prevented and the minor plaintiff would have been born a normal, healthy baby. Further, he believed defendant obstetrician's delay in delivering the minor plaintiff was responsible for additional damage to her brain.

Defendant hospital disputed liability, claiming the nurses did not deviate from the standard of care. This was supported by three experts, Dr. Frank Boehm, Dr. David Tullis and Nurse Linda DiPasquale. Further, the cause of the minor plaintiff's brain damage was in dispute. Defendant hospital was prepared to call Dr. Gary Trock to testify that the brain damage occurred prior to the mother's labor.

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