Case Report: Inappropriate use of Pitocin during labor, failure to perform timely C-section
(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)
This case involved claimed inappropriate use of Pitocin during labor, failure to perform a timely cesarean section and failure to have appropriate operating room personnel available for the emergency cesarean section in a timely manner.
Three-year old K. has significant and irreversible brain damage. She is very developmentally delayed with catastrophic gross and fine motor impairment. She cannot walk, talk, crawl, or roll over. She is fed by tube and has difficulty with aspiration and seizure activity. Her level of cognitive function is unknown given the overwhelming motor involvement.
The case is complicated by life expectancy issues of significance. Defense expert's opined that life expectancy was about 14 years. Plaintiffs' expert was more optimistic. A life insurance company agreed to fund future care annuities for the three-year-old plaintiff on the assumption that she has the life expectancy of a 70-year-old. Catastrophic birth injury cases are extremely complex medically and very high risk - for all parties.
Settlement: $4,500,000
Case Name: K. v. Clinic and Hospital
Date of Disposition: August, 2005
Attorneys: Terry L. Wade
Minnesota lawyer handling birth injury cases