Baby Develops Cerebral Palsy after Mother’s Uterus Ruptures During Delivery

$8,000,000.00 Settlement was Reached After Obstetrician Failed to Diagnose Fetal Distress

Labor and delivery was normal, or so they thought. Then, the mother’s uterus ruptured. This caused fetal distress in baby James. James was delivered by Cesarean section after the uterine rupture, but he was limp, blue, and not breathing. The hospital responded by calling a “code pink,” the term used by the hospital to gather personnel to the room to resuscitate a newborn. The code team was successful in resuscitating baby James, but its late arrival meant that James’ brain was deprived of oxygen for too long. He sustained permanent brain damage, ultimately resulting in cerebral palsy.

Prior to the uterine rupture, the fetal monitoring strips showed that the baby was in distress. Sadly, the obstetrician overlooked these fetal monitoring strips and failed to promptly attempt to deliver the baby. The nursing staff likewise failed to appreciate the abnormalities in the strips. The fetal monitoring strips are used for a reason: to make sure the baby is not in distress. The baby and the mother’s body knew that something was wrong, so did the machine that monitors the baby. But no one looked at the warning signs. And when the uterus ruptured, and the baby was delivered, no one was there to resuscitate him immediately.

James now has cerebral palsy, a condition he will have for his entire life.

The birth injury lawyers at The Eisen Law Firm filed suit, claiming that the obstetrician and nurses failed to recognize that the fetal monitor strips indicated a baby in distress. The OB also failed to call a “code pink” before the baby was delivered. The code team should have been standing there, ready to resuscitate a baby that was very likely to be born not breathing. Had these steps been taken, it is likely James would not have developed cerebral palsy.

More than a dozen different medical specialties were represented in a highly-qualified team of experts from around the country to help us prove that James’ cerebral palsy was caused by medical negligence. In the end, our team proved formidable, and the defense agreed to settle the case rather than face The Eisen Law Firm and our team of experts at trial.