A Michigan birth injury medical malpractice jury returned its verdict on March 28, 2024 after a month-long trial in the amount of $120 million for a now 13-year-old who suffered catastrophic injuries as a result of the delay in performing a Cesarean section delivery that the plaintiff argued would have resulted in the baby not developing acidosis that caused his permanent debilitating brain injury.
The child suffered blindness and severe cerebral palsy that prevents him from walking or talking.
The baby’s fetal heart rate monitoring during labor was non-reassuring, indicating that the baby was in distress and needed to be delivered immediately.
The child’s grandmother stated after the verdict: “It makes me sad and angry because if they had took him like they said they were or if they had delivered him in time, then he might be a normal 13-year-old. He might be riding a bike or playing games with his friends or playing video games or, you know, an average 13-year-old, but he’s not.”
The defendant hospital issued a statement the day after the verdict which said: “At Henry Ford Health, our patients are family, and we’ve been deeply saddened for the Drake family since the birth of their son more than a decade ago. At the same time, we do not believe the verdict is consistent with the facts of this case and plan to vigorously appeal the jury’s verdict. Given the ongoing nature of the case, we are not able to provide any additional comment at this time.”
Non-Reassuring Fetal Status
Non-reassuring fetal status describes suspected fetal hypoxia (“fetal distress” is progressive fetal hypoxia and/or acidemia secondary to inadequate fetal oxygenation, and the term is used to indicate changes in fetal heart patterns, reduced fetal movement, fetal growth restriction, and presence of meconium stained fluid).
Non-reassuring fetal status is not an adverse event per se, but rather an indicator of an underlying condition resulting in temporary or permanent oxygen deprivation to the fetus which may lead to fetal hypoxia and metabolic acidosis. Conditions commonly associated with non-reassuring fetal status include maternal cardiovascular disease, anemia, diabetes, hypertension, infection, placental abruption, abnormal presentation of the fetus, intrauterine growth restriction and umbilical cord compression, among other obstetric, maternal or fetal conditions.
The fetus experiences three stages of deterioration when oxygen levels are depleted: transient hypoxia without metabolic acidosis, tissue hypoxia with a risk of metabolic acidosis, and hypoxia with metabolic acidosis. The fetus is equipped with compensatory mechanisms for transient hypoxia during labor, but prolonged, uninterrupted fetal hypoxia may lead progressively to acidosis with cell death, tissue damage, organ failure and potentially death. Non-reassuring fetal heart rate patterns are observed in approximately 15% of labors.
While accelerations are associated with fetal well-being, decelerations, especially prolonged bradycardia, late decelerations, and severe variable decelerations are indicative of fetal stress and should prompt the clinician to evaluate and initiate intrauterine resuscitation with consideration for delivery of the fetus as indicated. While a normal fetal heart rate pattern usually indicates reassuring fetal status, an abnormal fetal heart rate pattern does not necessarily equate with hypoxia or acidosis.
If you or a loved one suffered serious injury (or worse) as a result of a birth injury in Michigan or in another U.S. state, you should promptly find a Michigan medical malpractice birth injury lawyer, or a birth injury medical malpractice lawyer in your state, who may investigate your birth medical malpractice claim for you and represent you or your loved one in a birth injury medical malpractice case, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959, to find malpractice attorneys in your state who may assist you.
Turn to us when you don’t know where to turn.