ABC Law Centers Birth Injury Attorneys Secure $8 Million Settlement For Child with HIE and Cerebral Palsy

This is a birth injury case. Plaintiff was a 29-year-old diagnosed with gestational diabetes at 29 weeks. She received treatment and her blood sugars were well-controlled. After she was diagnosed with gestational diabetes, she had twice a week testing, all of which was normal.

Plaintiff went to the hospital at 38 6/7 weeks gestation with increasing contractions and, after a long labor, delivered a healthy baby boy with Apgars of 9 and 9. Mom and baby were moved to recovery and baby was placed on mom for skin-to-skin.

About an hour and a half after birth, a nurse saw that the baby was not breathing and started resuscitation measures. Baby was intubated and transferred to a larger hospital with a NICU. He was diagnosed with hypoxic-ischemic encephalopathy (HIE).

Plaintiffs allege that mom and baby were not appropriately monitored by the nurse during the initial transition period during the two hours after birth, and as a result, the baby suffered a Sudden Unexpected Postnatal Collapse (SUPC), causing him to lose oxygen to the brain.

Defendant’s position was that the baby suffered a brain injury 1-2 days prior to birth based on MRI imaging and had a silent seizure during the transition period, which caused him to stop breathing that did not cause further brain injury. Defendants also claimed that the RN was only out of the room for a 1-2 minutes and the plaintiffs should have noticed when their baby stopped breathing.

The baby was subsequently diagnosed with cerebral palsy and cognitive and developmental impairment. He has a feeding tube because he cannot eat by mouth. As a result of the brain injury he suffered after birth, he will need special care for life.

The case settled for $8 million.

Type of action: Medical Malpractice/Birth injury
Type of injuries: Physical and cognitive impairments with cerebral palsy.
Experts: InFocus Research Group
Name of Case/Case No.: Confidential
Attorneys: Jesse M. Reiter, Anne L. Randall and James R. McCullen