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$1.5 Million Maryland Stillbirth Damage Award

Date12 Jul 2022

In a 2021 medical malpractice lawsuit in Maryland, a medical malpractice jury reached a verdict regarding the outcome of a birth that resulted in the wrongful death of a baby. When the expectant mother went into labor, she was admitted into Shady Grove Medical Center Emergency Room. Nearly nine hours into labor, monitoring of fetal vitals implied a state in which oxygen is not available in sufficient amounts to bodily tissues to maintain homeostasis, a state known as hypoxia.

The heart rate of the baby was also disturbingly high, at nearly 160 beats per minute. There were undeniable signs of distress that were apparently dismissed or ignored until it was too late. At this point, nine hours into her labor, an emergency cesarean section was performed, during which further complications were observed by the obstetrician of a uterine rupture. Tragically the baby was delivered deceased. 

Later during the proceedings, the plaintiff, his mother claimed that the doctor failed to recognize signs of fetal distress, improperly managed delivery, and did not order the emergency C-section in a timely manner. The jury awarded his mother $1.5 Million after five days of trial and two days of deliberations. Later, the award amount would be reduced to $943,750 in compliance with Maryland cap on noneconomic damages at that time. Additionally, an award of $2,346 was ordered to cover the cost of funeral expenses.

  • July 19th, 2015 – The pregnant plaintiff arrived at full term and actively in labor after midnight
  • Around 4AM the mother was given Oxytocin to assist with delivery.
  • Around 9AM the vital signs of the baby indicated a rapid decline in stability, severely elevated heart rate and hypoxia.
  • Nearly 5 hours later the cesarean delivery was delivered and the baby was delivered deceased.
  • Efforts to resuscitate the baby failed. 

The primary argument of the plaintiff was that the C-section delivery was ordered in an untimely manner and that if it had been performed earlier, the baby would have likely survived.

Medical malpractice lawyers at Cohen & Cohen specialize in cases that involve pregnancy related complications such as this one. Unfortunately, when doctors make medical mistakes during the process of delivery, the consequences are particularly devastating for mothers, their unborn babies and their families. 

In order to prove entitlement to compensation for a medical mistake Baltimore, MD victims must be able to prove four aspects of the health care professionals negligence. Firstly, it must be proved that the provider accepted you as a patient and that they were legally responsible to provide you with care services. Secondly, it must be proved that the care provider failed to meet standards of care that are medically acceptable. Third, it must be proved that the damages that were sustained are a direct result of the providers failure to meet medically acceptable standards of care. Lastly, you must prove that you experienced damage and the damage you experienced was the direct result of the failure to provide you with adequate service.

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