$1.7 Million Settlement in Wrongful Death of Baby - Macon County's Largest
June 23, 2004 - Rapoport Law Offices, P.C. announced today that a $1.7 million settlement was reached on behalf of the estate of a child who died as a result of treatment rendered during his birth.
On September 9, 1998, labor and delivery nurses failed to recognize fetal distress and notify physicians to intervene. Immediately after birth, and unable to breathe on his own, the baby was denied oxygen for 3-5 minutes before an oxygen mask was rushed into the birthing room. The baby developed severe spastic cerebral palsy before succumbing to his neurological injuries.
During the early phases of the legal case, the hospital and its employees denied the events surrounding this case had been the subject of a mortality and morbidity study by the hospital, and denied the existence of any written incident report relating to the occurrence. The hospital claimed, and its employees testified, that an oxygen mask was present and immediately available for use in the resuscitation of the baby. During the deposition of the delivering obstetrician, who was not named as a party in the lawsuit, the existence of a written incident report was confirmed, as was the fact the case had been the subject of a mortality and morbidity study by the hospital. The hospital then produced the written incident report which stated: "upon delivery, the infant was very flaccid and required aggressive resuscitation. A mask was not available for the Ambu bag. This delayed ventilation by 3-5 minutes".
The lead attorney representing the child's estate, explained: "The hospital failed this baby on a number of levels. First, the nurses failed to recognize fetal distress and failed to take appropriate action by following the hospital's standard of care and protocols. Secondly, an oxygen mask, which should be a standard piece of equipment in any birthing room, was missing at the time of this baby's birth, resulting in delayed resuscitation. Sadly, it seemed the hospital made efforts to conceal the true facts of this case, by inaccurate responses to written questions and production requests, by the sworn testimony of their delivery room nurses and the failure by the hospital to turn over the written incident report." He concluded: "This settlement certainly cannot replace the extraordinary suffering of this child and the heartbreak forced upon his parents. However, it is sizable justice in a case involving lies and deceit by the very medical system entrusted with the care of a mother and her baby."
For further information about legal services email Rapoport Law Offices, P.C. or contact the firm
at 800-545-6437 (toll free) or 312-327-9880. There is no fee for case review by an attorney from our firm. Our fee is strictly based on the amount we recover for our client. No fee is charged unless recovery is made.