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Passionate Advocates for Your Rights

$10.0 million

Record settlement for an obstetrical case.

Our birth injury specialist recently settled a case for $10,000,000 for birth injuries to a child now 3 years of age. The 17 year old mother had a normal pre-natal course, was admitted to the hospital for a trial of labor with normal fetal heart tones on the monitor strip. Rupture of membranes later revealed clear fluid and thereafter, a pattern of variable and late decelerations developed with retained variability. In the early morning hours, the late and variable decelerations continued with diminished variability. The baseline became tachycardic with diminished variability with persistent significant mixed late and variable decelerations with slow recovery. This continued for approximately four hours to the birth. The mother developed a fever or 38.5 after the epidural was given. The baby demonstrated a similar after birth with a pH of 6.98 with a base deficit of 15.4.

The defendants contend that there was not sufficient loss of variability to justify intervention. They contended that the cord gas did not evidence significant metabolic acidosis and the child course after birth was more consistent with intrauterine infection, bacterial infection than interpartem hypoxia. Plaintiffs contended that there was clear evidence of non-reassuring fetal heart tones suggestive of metabolic acidosis which required earlier intervention. Plaintiffs contended that the baby’s presentation after birth was classic for interpartum asphyxia and met most of ACOG’s guidelines for hypoxic ischemic encephalopathy from interpartum events. The child is a spastic quadriplegic, tube fed with global delays, including severe cognitive deficits. Defense contented life-expectancy was limited. Plaintiffs contended life expectancy was near normal. This is believed to be a record settlement for an obstetrical case. This confidential settlement is considered to be a record settlement or verdict in the state where it was obtained.

Backed by Record-Setting Results

We've Recovered Over $750 Million for Our Clients
  • $21,000,000 Auto/Truck Accident
  • $11,000,000 Neonatal Injury
  • $10,680,000 Birth Injury
  • $10,000,000 Birth Injury
  • $9,960,000 Medical Malpractice
  • $8,900,000 Labor and Delivery Injury
  • $8,000,000 Brain Injury
  • $8,000,000 Medical Malpractice
  • $8,000,000 Medical Malpractice
  • $8,000,000 Medical Malpractice

What Sets Bostwick & Peterson, LLP Apart?

  • Over $750 Million Recovered for Our Clients

  • Record-Setting Birth Injury Verdicts & Settlements in Four States

  • We Have Received the Trial Lawyers "Presidential Award of Merit"

  • We Have Been Included in the List of "Best Lawyers in America" by U.S. News - Best Lawyers®

  • Attorney James Bostwick Is a Certified Specialist by the American Board of Professional Liability

  • We Are Members of the Inner Circle of Advocates, Which Is the Nation’s Top 100 Plaintiff Lawyers