$3,805,000 Verdict
Type of Action: Personal injury
Type of Injuries: Cerebral palsy
Court/Case Number/Date: Greene County Circuit Court/192CC1788/June 3, 1997
Caption: Breckenridge, et al. v. National Health Care of Poplar Bluff, Inc., Carlson, et al.
ADR Attempts: None
Judge, Jury or ADR: Jury
Name of Judge: J. Miles Sweeney
Special Damages Claimed: Not specified
Verdict or Settlement: Jury verdict for $3,805,000
Allocation of Fault: 100 percent to defendant doctor; 0 percent to defendant hospital
Last Offer: None
Last Demand: $250,000
Attorney for Plaintiffs: Paul J. Passanante, St. Louis
Insurance Carrier: MOMEDICO
Plaintiffs' Experts: Dr. Hubert Ritter, St. Louis (obstetrician-gynecologist); Dr. Thomas Koch, Macomb, Ill. (obstetrician-gynecologist); Dr. Robert A. Zimmerman, Philadelphia (pediatric neuroradiologist); Dr. Garrett Burris, St. Louis (treating pediatric neurologist); Dr. Dean Dye, Poplar Bluff (treating pediatrician)
Defendants' Experts: Dr. Jerome Murphy, Kansas City (pediatric neurologist); Dr. James A. O'Leary, Bethlehem, Pa. (obstetrician-gynecologist); Dr. Gerard Callaghan, St. Louis (obstetrician-gynecologist); Dr. Thomas H. Joyce, Cincinnati (anesthesiologist)
Facts of the Case: The representatives of a child who was born with cerebral palsy sued the obstetrician who delivered the child, the hospital and a nurse-anesthetist, claiming their negligence during childbirth caused the cerebral palsy.
During the last stages of the child's mother's labor, the umbilical cord prolapsed. This created a risk that the umbilical cord might become kinked, or the baby's head might pinch it, depriving the baby of oxygen and nutrients and causing injury. When prolapse occurs, doctors do whatever they can to keep the baby's head away from the umbilical cord, and to deliver the baby as soon as possible.
The rural hospital where the baby was being delivered did not have 24-hour anesthesia coverage. The operating team usually arrives within 10-15 minutes after they are called, but according to plaintiffs the obstetrician waited 30-45 minutes for them to arrive on this occasion. They then administered a general anesthetic and delivered the baby by cesarean section. The time between prolapse and delivery and the time between prolapse and administration of anesthesia were strongly disputed by the defendants, however.
The baby was born with cerebral palsy. The plaintiffs claimed this occurred because the defendants waited too long to begin delivery. They said the defendants should have performed a C-section, utilizing a local anesthetic, within 10-15 minutes after prolapse.
The defendants claimed they followed their normal procedure by waiting for the operating team. They also said local infiltration anesthesia is not normally taught to medical students and the obstetrician should not have to administer a local anesthetic because the hospital has its own anesthesia personnel. They also claimed the child's cerebral palsy did not result from the delay in beginning delivery.
The child does not have an intellectual handicap, but cannot walk or talk and has poor use of her arms. She can eat cereal, for example, but she cannot pour it into a bowl and needs help with her daily activities. No improvement in her medical condition is expected.
The plaintiffs settled their claim against the hospital for $481,000, dismissed the claim against the nurse-anesthetist, and tried the claim against the then-deceased obstetrician.
The trial judge ruled that if plaintiffs presented evidence of the cost of caring for the child, the defendant could present evidence that public assistance programs could mitigate the loss. Plaintiffs therefore elected to present evidence of the child's needs, but not evidence of the cost of satisfying them.
The jury returned a verdict for the plaintiffs for $3,805,000 and allocated 100 percent of the fault to the doctor and 0 percent to the hospital.
February 3, 1997
