Birth Injuries/Labor and Delivery Injuries
This settlement was achieved by Bostwick & Peterson, LLP for neonatal
blindness injuries to triplets born prematurely. These injuries were caused
to the infants by retinopathy of prematurity. Our attorneys argued that
the overseeing neonatologists and pediatrician should have diagnosed and
treated the children’s proliferative retinopathy prior to causing
permanent vision loss. We achieved a confidential settlement for our clients
for failure to diagnose in a timely manner.
We achieved this birth injury settlement in California, setting a state
record, after doctors failed to carefully monitor the unborn child during
critical points prior to delivery. When overseeing healthcare practitioners
did resume appropriate monitoring, the baby was already in distress, and
suffered profound cerebral palsy as a result. The child will require 24-hour
care for life as a result of the injury. This confidential settlement
is the sum of the cost of an annuity to fund the settlement in addition
to the agreed-upon cash total.
This settlement set the record for an obstetrical case. The settlement
was achieved on behalf of a child, now age 3, who suffered a birth injury.
The mother, age 17, had a normal prenatal course before being admitted
to the hospital for a trial of labor. The baby’s heart tones were
normal. Clear fluid was revealed after membranes ruptured, and subsequently
variable and late decelerations with retained variability developed. For
approximately four hours prior to birth, the baseline became tachycardic
and significant mixed late and variable decelerations with slow recovery
persisted during that time. In addition, the mother sustained a 38.5 fever
The child is now a spastic quadriplegic as a result of these injuries,
and is tube-fed with global delays including severe brain damage. We argued
that there was clear evidence of non-reassuring fetal heart tones, which
should have warranted earlier intervention. We also argued that the child’s
life expectancy was near normal, in contrast to the defense’s claims.
The confidential settlement is believed to have set the record for an
obstetrical case in its state.
This record trial judgment occurred in Hawaii and was achieved in a birth
injury case for improper use of vacuum extraction and failure to deliver
in a timely manner. We tried this case against the United States government
in the Federal District Court of Hawaii, contending that improper management
of labor and delivery caused the child’s injuries. We tried two
cases, at the request of the defendants, regarding the statute of limitations
and, separately, on the medical issues of the case. Our lawyers were successful
in both cases, tried six months apart, and achieved what we were informed
at the time was the highest award for an individual in a medical malpractice
case to be achieved in the Ninth Circuit.