Premature baby afflicted with cerebral palsy.

Byline: Michigan Lawyers Weekly Staff

This was a medical malpractice case in which it was alleged that there was a negligent failure to properly monitor the minor plaintiff and timely and appropriately respond to respiratory distress. The minor plaintiff was a 25-week, 880-gram preemie.

By the 7th day of life, the physicians managing the baby's care felt that he was doing well enough that a trial of extubation could be attempted. Shortly thereafter, the oxygen saturation was down to 50 percent and the baby's heart rate was in the 50-60 bpm range. The nurse noted that the baby's color was dusky. She allegedly suctioned his oral cavity and repositioned him.

At 14:40, the nurse noted that the baby's condition had not changed. Chest compressions were not started even though the heart rate was below 60 bpm. There is no documentation describing any interventions being implemented between 14:41 and 15:01.

At 15:02, a neonatologist performed bilateral needle decompression of the chest because he assumed the baby had a pneumothorax. No air was aspirated. A15:04, IV epinephrine was given. The heart rate was 66 bpm and staff were unable to measure oxygen saturation. The neonatologist had still not reintubated the baby.

At 15:06, a neonatologist attempted to place an endotracheal tube (ETT). Ventilation with a bag was started. At 15:08, another dose of epinephrine was given. The heart rate was still in the 60s. At 15:09, the heart rate was down to 44. At 15:10, a neonatologist attempted reintubation again. There was no improvement in the baby's heart rate nor oxygen saturation. Chest compressions were started. At 15:13, the neonatologist once again attempted reintubation. On this occasion, he was able to successfully reintubate the baby. However, he had suffered irreversible brain damage by this time.

The infant remained at the hospital until Nov. 6, 2011, at which time he went to the University of Michigan. During his hospitalization, he showed...