In July 2025, a Massachusetts medical malpractice birth injury wrongful death case was settled for $3.25 million in which the plaintiff alleged the wrongful death of her baby, who was born lifeless with Apgar scores of 0/0/0, due to the OB’s alleged negligence in failing to deliver her baby earlier, when the baby was showing signs of distress in utero. The mother also alleged that she required a hysterectomy as a result of the OB’s alleged negligence.
Background Allegations
The plaintiff went to the hospital after her water broke at home on August 21, 2023, where she was admitted to the labor and delivery unit so that labor could be induced.
The fetal monitor indicated that the baby was healthy throughout that day. However, the fetal monitor began showing fetal decelerations with minimal variability early the next morning. Despite the nurse advising the OB about the decelerations, the OB did not come to the patient’s bedside to evaluate her condition until three hours later, at which time the OB decided to continue planning for a C-section delivery.
The fetal heart rate continued to show changes for the next three hours. The C-section was subsequently performed, during which the baby was delivered lifeless.
The plaintiff was transported to the PACU after delivery, where she developed heavy bleeding and therefore was brought back to the operating room. The surgeon discovered that the OB had sutured the lower portion of the uterus to the C-section incision, and that part of the uterus that was not sutured was the source of the heavy bleeding. The surgeon attempted to stem the heavy bleeding by repairing the uterus but determined that a hysterectomy had to be performed to save the woman’s life.
The plaintiff’s experts were reportedly prepared to testify at trial that the OB was negligent by failing to deliver the baby by C-section when the fetal heart monitor tracings became worrisome, and that had the OB timely performed the C-section, the baby would have been delivered healthy. The experts also reportedly would have testified that the OB was grossly negligent by suturing the uterus to the C-section incision and failing to suture part of the uterus, which resulted in the severe bleeding that required the hysterectomy.
The defendant OB’s expert reportedly would have testified that the OB did not breach the standard of care, and that the baby’s injuries occurred prior to the plaintiff’s arrival at the hospital. The defendant’s expert was also expected to testify that the injury to the woman’s uterus was a known complication of a C-section and was not due to medical malpractice.
If you or your baby suffered a birth injury (or worse) during labor and/or delivery in Massachusetts or in another U.S. state, you should promptly find a birth injury lawyer in Massachusetts or in your state who may investigate your birth injury claim for you and represent you and your child in a birth injury medical malpractice case, if appropriate.
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