A jury in the Supreme Court, New York County, New York gave a $8,000,000 verdict for an infant born with hypoxic brain damage the jury related to complications during attempted vaginal delivery and to delay going forward with a c-section.
Previous Pregnancy, Large Baby Shoulder Dystocia, Fractured Clavicle
A nurse midwife interviewed the mother when she arrived at the hospital in labor at 4:00 a.m.
The nurse midwife neglected to get a complete history from her about her one and only previous pregnancy, according to the testimony of the patient's ob/gyn expert. That baby weighed 8 lbs. 12 oz. at birth and the delivery was complicated by shoulder dystocia and a fractured clavicle.
The mother testified in court that she tried to tell the nurse midwife that this, her second baby, was estimated to weigh more than her first.
A cesarean was finally ordered more than twelve hours after the mother came to the hospital in labor.
Labor had progressed toward vaginal delivery to the point that one of the...