$31 Million For Baby With Brain Damage After Nurse's Failure To Recognize Fetal Distress

If an expectant mother who has previously given birth via a C-section gives birth

to her new baby via a vaginal deliver there is an increased risk that she will suffer a ruptured uterus during labor. An unborn baby receives oxygen through the placenta. A ruptured uterus can thus result in a severe reduction in the amount of oxygen that reached the unborn baby. Depending on the degree and the amount of time involved the baby can sustain brain injury which manifests with severe cognitive and neurological problems. It is thus important for a physician who is considering a vaginal delivery for a woman with a previous C-section (known as a VBAC) to take this risk into account.

Consider a recently reported case involving a pregnant woman who was admitted to the hospital for a planned vaginal delivery of her baby. She had a C-section in a prior pregnancy. The nurse administered the drug Pitocin, commonly used to induce labor. The use of Pitocin needs to be carefully monitored as it can result in hyperstimulation of the uterus and lead to a serious complication especially at higher dosages. The nurse but failed to inform the attending physician that the woman developed an "inappropriate contraction patter." Instead, as the contractions escalated to clearly unsafe levels, the nurse continued to administer Pitocin.

The baby was denied of necessary oxygen for a period of approximately 18-20 minutes from what turned out to be a uterine rupture. The baby was in fetal distress during this time - a condition that can be tracked by a machine which monitors the unborn baby's heart rate. The diagnosis: cerebral palsy. As a result, the baby will never be able to talk or to walk. He will never be able to hold anything in his hands. He will never be able to eat on his own. He will always need to be fed with a feeding tube. He will always need full-time life assistance. He does, though, recognize his family and he is aware. The law firm that represented the child and his parents was able to report that at trial the jury returned an award of $31,000,000 with included $26,000,000 to pay for the cost of the child's future medical care.

As this case demonstrate the staff and nurses at a hospital must either be supervised or have the training and skill necessary to recognize that a complications has developed in the pregnancy, they need to be aware of the risks and danger signs of the drugs they administer, and they need to notify the physician in charge of the expectant mother's care about any signs that indicate there is a problem developing.

Whether caused by a lack training, experience, overwork, or communication breakdowns, a failure in any (or as in this case all) of these areas can lead to devastating injuries to the baby. When this happens the family (both on their own behalf and on behalf of the baby) may be able to bring a claim for malpractice. As this case shows such cases, due to the nature and extent of the injury to the baby, can result in a significant recovery.

by: Joseph Hernandez

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