Infant Suffers Stroke During Birthing Process

The plaintiff presented to the hospital for induction of labor at 37 weeks. The defendant doctor assumed her care at approximately 6:30 p.m. The plaintiff began the second stage of labor, also known as the pushing stage, at approximately 2:40 a.m. By 5:15 a.m. the baby failed to descend any further due to the plaintiff's abnormally narrow pelvic outlet. Additionally, the fetal heart monitor had changed from a normal heart rate to troubling patterns of slow rates. The defendant did not perform another exam until 7:45 a.m. at which time there was no improvement in the baby's positioning and the heart rate had become rapid. Despite this the defendant continued with vaginal delivery efforts until his shift ended.

The next doctor to assume the plaintiff's care examined her at approximately 9:15 a.m. and immediately decided to perform a C-section as there was no progress made in over six hours, the pelvic outlet was too small, and the changes in the baby's heart rate. The baby was delivered by C-section and appeared to be healthy; however, by nine months the plaintiff noticed that the baby was not using his right arm and leg as much as his left and notified his pediatrician who referred him to a neurologist. The neurologist determined that the baby suffered a prenatal stroke.

At trial the plaintiff's expert testified that the stroke was caused by a lack of blood flow to the “watershed” area of the brain. The expert also opined that this was caused by the decreased fetal heart rate and intracranial pressure caused by the many hours of contractions. The expert testified that had the defendant performed a Csection in a timely manner the child's permanent injuries would have been avoided.

The child has undergone many years of physical and occupational therapy; however, he only has minimal use of his right hand and arm and walks with a limp.

After four hours of deliberation, the jury awarded the child $1.8 million and each parent $250,000.