New Hampshire Trial Lawyers Association Verdict and Settlement Report

P.O. Box 447

Concord, NH 03302

Case Title:                Anonymous v. Anonymous                                     

County:                     Rockingham                                                             

Date of Injury:           2001                                                                        

Liability Facts:

This is a medical malpractice claim arising out of the defendants’ mismanagement of the labor and delivery of a minor child at a local hospital. The parents of the minor child brought suit against the hospital, a certified nurse midwife, and a local midwifery care group. The defendant  CNM  failed to appropriately respond to abnormalities noted during labor, including not recognizing and responding to signs of arrested labor, inappropriately using labor enhancing drugs during labor and inappropriately continuing attempts at vaginal birth after a prior cesarean delivery. The rigors of labor led to a rupture of the uterus, necessitating delivery of the minor plaintiff by emergency cesarean section, and causing her to suffer asphyxia and associated brain injury, aspiration of blood, aspiration syndrome and respiratory distress.  The minor plaintiff has since been diagnosed with cerebral palsy with associated motor impairments related to asphyxia at birth and requires ongoing treatment, care and supervision.

Plaintiff:                     (1) Sex     F      Age      30  

(2) Sex     M     Age      34  

(3) Sex     F     Age         3   

Plaintiff’s Theory of Liability:

The defendant  CNM , was an agent, employee, or joint venturer with defendant midwifery care group and local hospital, and was acting within the scope of her agency, employment or joint venture when she failed to timely deliver the minor plaintiff, failed to timely recommend cesarean delivery; inappropriately continued attempts at vaginal birth after a prior cesarean delivery; failed to recognize and respond to signs of arrested labor; inappropriately used labor enhancing drugs during labor; and otherwise failed to appropriately manage the pregnancy, labor and delivery.

Defendants’ Theory of Defense:

General denials of negligence and assertions that all care provided fell within acceptable medical standards.

Injuries:

The minor plaintiff has and will continue to suffer physical and emotional pain, physical disability, loss of earning capacity, loss of enjoyment of life and other injuries and losses and will continue to incur substantial medical and supervision costs.

Verdict/Settlement:

The parties reached a settlement for a confidential amount.

Counsel:

For the Plaintiff:         Kevin F. Dugan, Esquire

Abramson , Brown & Dugan

1819 Elm Street

Manchester, NH 03104