BIRTH/BRAIN INJURY SETTLEMENT

In Re: L.M. etc. vs. the United States of America

Howard E. Skolnick represented the Plaintiffs in a medical malpractice federal tort claim lawsuit. This action was pursued in Federal District Court in Toledo. It was the plaintiffs’ claim that the failure of the nurses to report to the obstetrician the presence of maternal fever was decisive in the obstetrician’s management of labor, as well as whether or not to have the neonatal resuscitation team at the time of delivery. It was plaintiffs’ position L.M. (baby) suffered from lack of ventilation and perfusion after the delivery for approximately three minutes until she was intubated by the neonatal nurse. The obstetrician indicated had he known of the maternal fever, he would have suspected an infection and offered a C-section 55 minutes prior to the actual delivery during which time there was stress on the fetus as reported by the fetal heart tracings. As a result of these delays, L.M. suffered hypoxic-ischemic encephalopathy and was diagnosed with cerebral palsy including spastic quadriplegia, profound cognitive loss as well as loss of vision.