Kaiser – Improper Placement Of IUD / Cerebral Palsy

The Walkup Kaiser obstetrical injury team represented a mother of four who sought birth control counseling from Kaiser. Her Kaiser physician placed an IUD without checking to see if she was pregnant, in violation of prevailing standards of care. When the doctor realized the patient was pregnant, an attempt was made to remove the IUD, the physician but could not do so safely. Our client refused to undergo an abortion, and carried her child to term. The presence of the IUD caused the development of an intrauterine infection and chorioamnionitis, which caused the child to suffer brain damage resulting in cerebral palsy. Under the terms of the confidential mediated settlement, a confidential multimillion-dollar cash payment, as well as tax-free future monthly payments guaranteed for the life of the child, were negotiated.