Compressed Umbilical Cord Leads to Brain Damage
$14.7 Million Verdict

A woman with a prior cesarean section for failure to progress had signs of pregnancy-induced hypertension. She arrived at the hospital at 0600 for an anticipated vaginal birth after cesarean (VBAC). She was allowed to labor until 1720, when the attending OB artificially ruptured the membranes and inserted an internal monitor. At 1825 she was 6 cm dilated and Pitocin was begun for dysfunctional labor. At 1920 she was 7-8 cm dilated. At 2040 she was fully dilated but the vertex was at 0 station. Before and after the Pitocin, variable decelerations in the 60s and 70s were documented. At full dilation the tapes showed poor to absent short and long term beat-to-beat variability and deep decelerations. The patient was given O2. There was a gap in the tapes from 2135 - 2150, when the attending OB claimed he decided to perform a stat C-section. The mother consented at 2155. The baby was delivered at 2225 with 3/5 Apgars in the presence of port-wine stained amniotic fluid due to a placental abruption. The child was limp and unresponsive. He was bagged, intubated, resuscitated and taken to the pediatric floor. Within minutes seizures were noted. The infant was transferred the next day to another medical center, where he was diagnosed with metabolic acidosis, hypoxic encephalopathy, respiratory distress, renal failure, and seizures. The child has motor and verbal developmental delays. A medQuest OB testified at trial that the defendant OB failed to intervene in a timely manner. The poor tracing necessitated the taking of the fetal scalp pH and the delivery of the infant 4-6 hours earlier. The jury awarded the plaintiffs $14,703,347.

Attorneys for the Plaintiff:
Evan Goldberg, Esq.
Robert Jackson, Esq.
Trolman, Glaser & Lichtman
New York, NY