$9.3 Million recovery in obstetric malpractice case

September, 2003

During the second week of trial, Feldman Shepherd attorneys Daniel S. Weinstock and Daniel J. Mann reached a $9.3 million settlement on behalf of a child who during labor and delivery suffered brain damage leading to choreoathetoid cerebral palsy, infantile spasms and mental retardation. The confidential nature of the settlement agreement does not permit the names of the parties to be disclosed.

Throughout the 16 hour labor, a procedure called amnioinfusion was used in order to thin out meconium which had been detected in the amniotic fluid. If not performed and monitored correctly, amnioinfusion can cause a reduction of blood and oxygen circulation to the baby.

During trial, Feldman Shepherd attorneys presented compelling evidence that the hospital’s nurses and medical residents failed to monitor the effects of the amnioinfusion, and did not recognize the impact it was having on the baby. The evidence demonstrated that the attending physician, who was only present during the last couple of hours of labor, similarly failed to recognize that the baby was in trouble, and needed to be delivered operatively on an emergent basis.

The trial was conducted in Philadelphia’s “high-tech” courtroom, which allowed extensive medical illustrations, charts and records to be displayed in a manner that allowed the jury to understand the complex medical issues presented by the case.

The settlement is expected to provide for all of the medical and other care the child will need throughout his lifetime.