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Case Result: $3.625M Settlement Over Newborn Brain Injury


The Becker Law Firm Attorney Romney Cullers recently obtained a $3,625,000.00 settlement for the family of a newborn baby girl who suffered permanent brain damage and cerebral palsy as the result of oxygen deprivation at the time of birth.

As the lawsuit notes, the injury was caused by attending medical professionals’ failure to appropriately respond to signs of fetal distress, and perform a timely C-section.

About the Case

The mother in this case had a normal pregnancy, but noticed on the day before she went into labor that her baby had stopped moving. Her obstetrician was aware her baby had stopped moving, and during the next few hours, the electric fetal monitoring of the baby’s heartbeat was persistently non-reassuring.

Both the obstetrician and nurse managing labor were aware of the non-reassuring fetal heart rate, as well as other signs that the baby may have been experiencing distress. However, rather than performing an emergency Cesarean delivery, the obstetrician permitted the mother to continue in labor for several more hours. The baby’s heart rate ultimately dropped to a dangerously low level, and an emergency Cesarean delivery was finally ordered.

Unfortunately, the C-section delivery was too late. The baby’s heart rate had remained too low for too long, and as a result, the young girl suffered irreversible brain damage, and now has cerebral palsy.

The girl’s mother retained The Becker Law Firm to investigate the quality of care provided to both her and her baby. Romney Cullers and our legal team conducted a thorough investigation of the circumstances surrounding the incident, and filed a lawsuit which claimed the baby’s permanent brain damage resulted from medical negligence.

Securing Justice & Compensation For The Family

After a lawsuit was filed, the defendant doctor and hospital disputed liability, arguing that the baby’s brain injury was caused by an overwhelming infection the mother had before she went into labor, and had nothing to do with delays in performing a Cesarean delivery.

The baby did have an infection at the time of birth, but Mr. Cullers, with the assistance of multiple experts, was able to demonstrate that the pattern of brain injury shown on the baby’s MRI studies was not consistent with a brain injury caused by an infection, and was more likely the result of oxygen deprivation (that occurred near the time of birth). 

Ultimately, The Becker Law Firm proved, through experts, that the oxygen deprivation could have been prevented if a cesarean delivery had been performed hours earlier when the baby was showing signs of distress during labor. Mr. Cullers was able to negotiate a $3.625M settlement, which will now provide the little girl’s family with the means to pay for nursing and attendant care she will require well into adulthood.

Romney Cullers is a Partner at The Becker Law Firm, where he has helped our firm secure millions in compensation for clients who’ve suffered harm and losses as a result of medical malpractice and preventable birth injuries – including those involving brain injuries, cerebral palsy, and failure to perform a timely C-section.

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