CMV Prevails for Doctor in $4.2 Million Childbirth Case

March 10, 2017
Featuring Thomas A. Lang
Cunningham, Meyer & Vedrine’s Charlie Redden and Tom Lang secured a complete victory for their clients, an obstetrician and a women’s health center, following claims of injury to a child during birth.

During the plaintiff’s delivery in 2003, a shoulder dystocia was encountered, and the defendant OB successfully delivered the child with the McRoberts maneuver. There was an inadvertent fracture of the left humerus during delivery, which is a known risk related to efforts to solve a dystocia.

The plaintiff also claimed the child suffered a brachial plexus injury and hypoxic brain injury during the delivery.

The plaintiff asked for $4.2 million in damages, arguing that the doctor should have revisited the consent to vaginal delivery and offered a C-section earlier in the delivery. The plaintiff also claimed that hospital staff incorrectly interpreted fetal heart tracing strips and failed to communicate to the doctor repeated requests for a C-section.

CMV argued that appropriate discussions were held on the method of delivery, and no indications were present on the fetal heart tracing strips to require a C-section. Testimony from several medical experts demonstrated that the child had no brain damage and no cognitive defects.

Finally, CMV presented evidence showing the existence of multiple communications between the doctor and the hospital staff about the fetal heart tracing strips and introduced the plaintiff’s own statements and journals — which offered detailed accounts of the events and made no mention of informed consent or repeated ignored requests for a C-Section.

The jury returned a not-guilty verdict for all defendants.