In their Wisconsin birth injury medical malpractice lawsuit, Breauanna Jennings et al. vs. Robyn Cox CNM et al., the plaintiffs argued that their child, August Jennings, was born almost an hour after the standard of care required the certified nurse midwife who was attending the labor and delivery to contact the on-call OB/GYN who could perform an emergency C-section delivery after the baby’s heart rate dropped from the 150s to the 60s.
The newborn’s Apgar scores were 0 three times during the first 10 minutes after his birth. The newborn spent two weeks in the neonatal intensive care unit. He was subsequently diagnosed with cerebral palsy and will require a lifetime of supervised care. His injuries as a result of the midwife’s alleged negligence are limitations in movements, the inability to speak, and the need for a gastrostomy tube inserted surgically into his stomach.
The Wisconsin birth injury jury returned its verdict in the amount of $29,070,051, which included $14 million for future medical and care expenses; $10 million for future pain, suffering, disability, and disfigurement; and, $2 million for past and future loss of society and companionship.
The plaintiffs’ Wisconsin birth injury lawyer stated after the verdict, “Expert testimony interpreting the medical records was critical to demonstrating the breach of the standard of care in this case, as it allowed us to walk the jury through the timeline of the day demonstrating not only when the standard of care required a call to the on-call physician but also what would have occurred had that call been made at that time. We were able to utilize available scientific literature to provide a framework for our experts to not only point to the delayed delivery as a cause of the baby’s injuries but also to help rule out other potential causes. By meeting the potential causes proffered by the defense head-on, we directly pointed the jury to the negligence of the certified midwife as causational of the injuries suffered.”
Results of the 2018 National Midwives and Liability Survey found that 32% of participants had been named in at least one lawsuit after a median of 7 years in practice. Claims most often involved intrapartum hospital-based care and resulted from fetal heart rate interpretation. The most common outcome of a case was settlement prior to court or arbitration (42%). Significant predictors of litigation included older age of the midwife and region of practice (increased in Northeastern states, decreased in Midwestern states). Midwives’ most common source of emotional support was their attorney. Only 6% of participants experienced disciplinary action against their state license. Half of the actions by a state governing board were unrelated to a lawsuit.
If you or your baby suffered a birth injury (or worse) during labor and/or delivery involving a midwife in Wisconsin or in another U.S. state, you should promptly find a birth injury lawyer in Wisconsin or in your state who may investigate your midwife malpractice claim for you and represent you and your child in a midwife medical malpractice case, if appropriate.
Click on the “Contact Us Now” tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find birth injury attorneys in your state who may assist you.
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