Birth Injury, Brain Injury, Medical Malpractice

Result – $8,000,000

This case involved the profound anoxic brain injury suffered by a baby boy at birth. Early in labor, everything went well. However, as the mother approached the pushing stage, the baby’s heart rate began to have recurrent decelerations indicative of intermittent cord compression, that persisted with virtually every contraction and worsened as time went on. The defendant doctor and nurse were aware of these decelerations, but did not appreciate their significance and never informed the family, nor made any effort to expedite the delivery, even though the baby was no longer descending the birth canal. At one point the mother requested a C-section, not because she knew anything was happening with her baby, but because she was exhausted after pushing with no progress. This request was declined. After 3-1/2 hours of persistent, worsening heart rate decelerations, the baby’s reserve was exhausted and his heart rate no longer returned to the normal range. The defendant doctor returned to the delivery room and moved the mother to the operating room, but instead of performing an immediate Caesarian section, he wasted valuable time making a couple of attempts at vacuum extraction, which failed. The baby was finally delivered by emergency C-section. He was born blue, limp and lifeless. He was resuscitated, but had suffered profound brain damage. The baby boy was permanently and severely injured. He has a trachesotomy, is tube fed and hydrated. He will not walk, talk, or enjoy life as he should have if his birth had been appropriately managed. The settlement obtained by Perey Law Group allowed him to live at home, purchase a handicap equipped van and obtain necessary health care.