Newborn's Brain Injury and Death: $1 Million Settlement
2024 Medical Malpractice Settlement Report
By Robert M. Higgins, attorney for the plaintiff
Essex Superior Court, Massachusetts
Plaintiff's case was that nurse was negligent by not properly monitoring baby while breastfeeding
Case details
The decedent was born in the early morning hours of 7/27/18. It was the first birth for the decedent’s parents. The baby was vigorous and healthy at birth without any concerns. Immediately after birth mom had post-partum bleeding. The defendant was attempting to control the bleeding and she placed the baby on mom’s chest in an effort to have her breast feed. There were no instructions given to mom on how to effectively and properly breast feed. The defendant failed to ask for help and improperly tried to care for both mom and baby. That was negligent as both patients should have had a nurse caring for them when mom started bleeding.
Mom noted that the baby made 3 attempts to feed and then face planted into her chest. Mom asked the defendant if the baby’s position was ok and the defendant told her if the baby could not breathe, she would move her own head. The defendant did not look at the baby or check positioning.
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After about 30 minutes with the baby on her chest, mom lifted the baby’s head and she appeared floppy and had some blood on her nose. The defendant came to the bed and took the baby to the nursery immediately. She was noted to be without a heartrate. CPR was begun and she was immediately transferred to a tertiary care hospital where she underwent testing. She was diagnosed as having suffered from anoxia and a head CT showed massive brain injury from lack of oxygen. After a few days of no improvement the baby’s parents made the decision to withdraw life support and the baby died at 6 days of life.
The plaintiff’s retained nursing and neurology experts who of the opinion that the defendant was negligent when she failed to carefully monitor the baby while breastfeeding to ensure the baby was safe. She was obligated to ask for help when mom was bleeding so she would have primary responsibility of only one patient and not both mom and baby. If she had acted appropriately the baby would not have died.
The case settled for the nurse’s full policy of $1,000,000 after discovery had been completed.
Lubin & Meyer attorneys Robert M. Higgins and Andrew C. Meyer, Jr. represented the plaintiff in this lawsuit.
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