Birth Injury Settlement: $7 Million in Case Turned Down by Another Law Firm
2024 Medical Malpractice Settlement Report
Massachusetts
By Robert M. Higgins, attorney for the plaintiff
Lawsuit blames delay in delivery on massive brain injury resulting in global developmental delays
Case summary
In this birth injury case, Lubin & Meyer was able to obtain a $7 million settlement during discovery. The case was reviewed and turned down by another law firm that holds itself out as specializing in medical malpractice indicating that there was no case to be brought.
Details of the case
On 6/27/17 the minor plaintiff’s mother was pregnant and was admitted to the hospital for induction of labor. The prenatal course had been normal; with the minor plaintiff appearing healthy throughout. However, within 2 hours of arrival the fetal monitor strips showed minimal variability with no accelerations.
Despite these worrisome findings, the defendant labor nurse increased the Pitocin and the defendant nurse midwife incorrectly assessed the strips as reassuring. For the next 4 hours, the defendant nurse continued to increase the Pitocin despite acknowledging in her notes that the variability was minimal.
Boston's Birth Injury Law Firm
Representing families in MA, NH and RI
Learn about Lubin & Meyer's representation of children who have experienced birth trauma leading
to cerebral palsy and other injuries ... Learn more.
Birth Injury Verdicts and Settlements
Read select trial lawyer reports and news coverge of some of our most significant medical malpractice and birth injury verdicts and
settlements.
Overnight a new defendant nurse midwife took over care and continually documented minimal variability and no accelerations, but stated that the tracing was overall reassuring. In the early morning hours, the child’s heart rate dropped for an extended period of time. The defendant nurse repositioned the mother but did not contact a physician. Within an hour of this heart rate drop the baby a sinusoidal heart rate pattern developed. The defendant nurse finally contacted a nurse midwife who assessed the mother and called for an obstetrician. The obstetrician assessed the fetal monitor strips and called for an emergency cesarean section.
At delivery the amniotic fluid was noted to be meconium stained. The minor plaintiff needed immediate resuscitation as he was unable to breathe on his own. An ultrasound of his brain showed swelling and an hypoxic ischemic injury. Further MRI imaging showed a massive brain injury from lack of oxygen. The child remained in the hospital for 2 months. Upon discharge he was diagnosed with massive brain injury resulting in global developmental delays.
At age 6, the minor plaintiff was non-verbal, had very limited vision, was fed through a G-tube and was unable to care for himself in any manner.
The plaintiff retained experts in obstetrics, nursing and pediatric neurology. It was their opinion that the fetal monitor strips showed problems throughout the course of the day upon admission and continued overnight. It was their opinion that delivery was warranted 10-12 hours earlier and that a timely delivery would have prevented the child’s devastating injuries.
The defense was expected to present experts to state that the providers acted appropriately and that the injuries were sustained before the minor plaintiff’s mother ever arrived at the hospital.
This case was reviewed and turned down by another firm who holds itself out as specializing in medical malpractice. They indicated that there was no case to be brought.
The case settled for $7,000,000 during discovery.
Lubin & Meyer attorneys Robert M. Higgins and Andrew C. Meyer, Jr. represented the plaintiff in this lawsuit.
Questions about birth injuries?
Our birth injury attorneys are experienced in lawsuits representing mothers and infants injury before, during and after childbirth.
Contact Us - There is no fee or cost to you to have your case evaluated by our birth injury lawyers. Call 617-720-4447 to request a free case review today.
Lubin & Meyer PC - New England’s Leader in Medical Malpractice and Personal Injury Law
Our medical malpractice lawyers are licensed to practice in: Massachusetts, New Hampshire and Rhode Island.
Return to: Verdicts & Settlements - medical malpractice case archive