In November 2023, a medical negligence settlement of $4.75 million was reached in a tragic case, handled by David Skall from The Becker Law Firm. The lawsuit detailed that a newborn girl, now 4 years old, suffered permanent brain injury and severe disability due to severe trauma and oxygen deprivation during birth. The attending obstetrician and nurse were accused of failing to respond appropriately to initial signs of fetal distress. Instead of opting for a timely and safe C-section, they excessively used a vacuum extractor in an improper attempt to force vaginal delivery.
The mother, following a healthy pregnancy, was admitted for labor induction with Pitocin. Over the next 10 hours, the baby's heart rate transitioned from healthy to concerning, indicating increasing decelerations. Despite clear signs of the baby weakening and becoming less tolerant to labor stressors, the providers persisted with vaginal delivery using a vacuum extractor. Two different vacuums were applied 8 times, with at least 15-20 separate pulls, and "popped off" at least 5 times during 27 minutes of use. It took an additional 28 minutes after failed vacuum attempts to complete delivery vaginally.
The increasing stress and trauma led to critically low oxygen levels in the baby. Born severely depressed with multiple fractures, she required full resuscitation and urgent transfer to a children's hospital. Hypothermic cooling was administered to limit impending brain damage. In the days following delivery, she suffered seizures, and subsequent brain radiology revealed disabling structural injuries from the complicated and traumatic birth. The settlement reflects the gravity of the case and the lifelong challenges faced by the child.