The plaintiff mother had a history of meth use and was admitted to labor and delivery in April 2006 for cervical ripening and induction of labor. The labor was augmented with Pitocin. The mother developed an over-frequent contraction pattern and the long term beat-to-beat variability of the fetal heart decreased. Late decelerations were also recorded on the fetal monitor.

The nurses intervened more than five hours after the first signs of fetal distress, but this did not include reducing the rate of Pitocin infusion. When the Pitocin was finally stopped the fetal monitor recorded a prolonged deceleration and a contraction which lasted for more than five minutes.

The family practice doctor was contacted, but chose to have the mother and baby rechecked an hour later. The baby was delivered by emergency cesarean section two and one-half hours after the defendant doctor ordered the recheck.

The newborn required extensive resuscitation. She was diagnosed with severe perinatal depression and hypoxic ischemic encephalopathy. She did not survive, however.

According to a published account a $325,000 settlement was reached.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.