ClickCease Newborn v. Kaiser Foundation Health Plan – Medical Malpractice Leading to Birth Injury | Walkup, Melodia, Kelly & Schoenberger

Newborn v. Kaiser Foundation Health Plan – Medical Malpractice Leading to Birth Injury

In a case involving cerebral palsy, our attorneys obtained a binding arbitration award following a two-week arbitration having a present cash value of $4.1 million on behalf of a 3-year-old boy afflicted with multiple neurological injuries as a result of negligent delivery.

Attorneys from Walkup Melodia were able to prove that the infant endured a period of oxygen deprivation during birth when his mother’s uterus ruptured. The uterine rupture was due to an attending midwife’s failure to properly manage the mother while in labor. Walkup attorneys also proved that obstetrical nurses left the mother unattended prior to the rupture of her uterus and for that reason failed to appreciate ominous signs of the baby’s distress as reported on a fetal heart monitor.

Prior to the first day of arbitration, Kaiser had made no settlement offer.