Our obstetrical negligence lawyers obtained a cash and annuity settlement having a present cash value of $3.65 million on behalf of a Central Coast infant who suffered hypoxic ischemic encephalopathy at birth. The hypoxia caused cerebral palsy and permanent brain damage. During labor, the baby became stuck in the birth canal because of an anatomic obstruction in the mother’s pelvis. As the mother’s contractions became more frequent and stronger in intensity because her uterus was being hyperstimulated with oxytocin, the child’s reserve was exhausted. Attempts to deliver the child via vacuum-assisted delivery failed and a prompt cesarean section was not ordered.
Walkup attorneys filed suit against both the nurses and physicians who failed to properly respond to the baby’s nonreassuring fetal heart monitoring changes. The settlement proceeds were paid into a special needs trust to maintain the infant’s legal right to continue to receive local, state and federal government assistance.