$31,000,000 Jury Verdict For Nurse Not Detecting Indications Of Fetal Distress

Should an expectant mother who has earlier given birth via a C-section gives birth to another baby through a vaginal deliver there is a greater chance that she will experience a ruptured uterus during labor. In these cases the unborn child's precious oxygen supply, which is generally received via the placenta, can be cut off. Based on the degree and the amount of time involved the newborn can suffer a brain injury which exhibits serious cognitive and neurological difficulties. It is consequently essential when planning a vaginal delivery for a woman with a prior C-section (known as a VBAC) to take this possibility into consideration.

Look at a recently published lawsuit about a pregnant woman who went to the hospital for a scheduled natural delivery of her child. She underwent a C-section in a previous pregnancy but the nurse administered a drug frequently employed to induce labor. The use of this drug should be diligently followed seeing that it end up a serious problem especially at higher levels. The nurse did not tell the doctor that the pregnant woman's contractions became irregular Instead, as the contractions escalated to clearly unsafe levels, she kept administering more of the drug.

The baby was deprived of necessary oxygen for a period of approximately 18-20 minutes from what was later determined to be a uterine rupture. The baby was in fetal distress while in this period - a condition that can be tracked by a machine which monitors the unborn child's heart rate. He has significant cerebral palsy. He cannot walk or talk. He is unable to hold objects in his hands. He is unable to eat on his own and requires a feeding tube. He can, however, identify members of his family and is alert. Yet he will need 24/7 life assistance. The law firm that took this case revealed that the case went to trial and the jury delivered a verdict of $31 Million. This amount included $26,000,000 to cover future medical care.

As this lawsuit illustrates nurses and hospital staff need to realize when problems occur during a pregnancy, need to know and understand the effects and danger signs of the drugs they give, and notify the doctor about any symptoms that suggest there is a problem happening. Whether the result of a deficiency of training, inexperience, overwork, or communication breakdowns, a failure in any (or as in this case all) of these areas can lead to devastating injuries to the child. If this occurs the family (both on their own behalf and on behalf of the baby) may be able to bring a case for malpractice. As this lawsuit also reveals - such lawsuits, due to the nature and degree of the injury to the baby, can lead to a significant recovery.