$1.9 Million Medical Malpractice Settlement in Case Involving Vacuum Extraction and Pitocin Errors
Sommers Schwartz attorney Richard Groffsky obtained a confidential $1,097,000 settlement in a birth trauma lawsuit alleging medical malpractice against a surgeon and surgery clinic. The plaintiffs sought compensatory damages for the newborn’s brain injury, cerebral palsy, and mental impairment. The plaintiff asserted that the defendants failed to discontinue pitocin in the face of an abnormal contraction pattern and developing fetal compromise. It was further contended that the continued use of pitocin, and ensuing delay in recognizing the fetal compromise and effecting delivery, was compounded by multiple attempts at vacuum extraction. The result was the delivery of a markedly acidotic baby, whose significant brain injury was apparent from early on in the neonatal period.