Passen & Powell attorneys, Jordan Powell and Matthew Passen, had the privilege of representing a wonderful couple coping with the immense grief of losing a baby. In June of 2022, our client presented to the hospital with leaking fluid. She was 34 weeks and 2 days pregnant. It was determined that her water broke, and plans were put in place for induction of labor. Over the next 16 hours, our client was being monitored by a physician and nurse.
There was a change in fetal heart tracings and an inability to differentiate between the fetal heart rate and the mother’s heart rate. We alleged that this was a significant change in condition that required either a bedside ultrasound or a fetal scalp electrode, either of which would have revealed fetal distress and prompted an emergency c-section. Neither was done and over the next 41 minutes, the fetus was suffering from unrecognized distress and lack of oxygen. Eventually, an absent fetal heart rate prompted emergency delivery, but it was too late. The baby was born in severe respiratory distress with signs of a significant brain injury due to lack of oxygen. Unfortunately, the baby did not survive resuscitative efforts.
This settlement was reached just a few weeks after the lawsuit was filed. We were able to achieve this result due to a thorough pre-suit investigation and hiring the appropriate experts, which made the defendant hospital, physician and nurse realize that this was a case that needed to settle. Obtaining this early resolution has been instrumental for our client’s recovery and moving along in the grieving process.
If you or someone you know have had a baby injured during the delivery process, please do not hesitate to contact us for a free consultation.
Passen & Powell has decades of experience representing individuals and families of those seriously injured during birth. For a free consultation and to discuss a potential new matter or referral, please give us a call at 312-527-4500 or email us at info@passenpowell.com.