$2.4 million settlement with south King County hospital and family practice doctor

In this case, we represented a Seattle-area infant and his family. During his delivery, his mother pushed for over two hours, but the baby did not descend. While the baby was still very high in the birth canal, the physician unsuccessfully attempted several times to deliver using the vacuum extractor. We argued it was negligent to attempt to use the vacuum extractor when the baby was still so high. By this time, the baby’s heart rate had slowed significantly, a sure sign of fetal distress, but it took nearly another 90 minutes before the baby was delivered via emergency C-section. He was not breathing at birth, and needed full resuscitation. The defense disputed the argument the baby required immediate delivery, but our experts were prepared to testify that the baby’s air supply had been cut off for some time and the C-Section needed to happen much sooner. We asserted that lack of oxygen during the unsuccessful (and inappropriate) vacuum attempt, combined with the long wait for C-Section, caused his permanent brain damage and cerebral palsy.