Sommers Schwartz attorneys Richard Groffsky and Matthew Curtis obtained a confidential multimillion-dollar settlement for a child who suffered acute hypoxia and ischemia during labor and delivery.

According to the complaint, the mother had experienced a placental abruption when she arrived at the defendant hospital. The plaintiff claims a first-year resident and/or nursing staff in the triage unit at the time failed to identify the placental abruption and did not advise the mother’s OB-GYN that the mother’s electronic fetal heart monitor tracings showed significant abnormalities. Additionally, the resident and/or nursing staff failed to inform the OB-GYN that the unborn child showed decreased movement shortly following the mother’s vaginal bleeding. 

The lawsuit sought to hold the resident and nursing staff of the defendant hospital liable for professional negligence. Had the resident and/or nursing staff properly advised the OB-GYN of the mother’s clinical presentation and fetal heart monitor tracings, the OB-GYN would have reported immediately to the hospital and performed a cesarean section delivery sooner. The child would have been rescued and unharmed by the significant brain damage that ultimately occurred. 

Instead, the child remained in the womb for an unreasonably and dangerously long time, deprived of oxygen. She suffered an acute hypoxic-ischemic brain injury at or around the time of birth. Because of the defendant’s medical malpractice, the child sustained severe birth injuries, including permanent neurological injuries that require ongoing rehabilitative and care services.