In this case, the parents had tried to get pregnant. However, complications arose; accordingly, Mrs. Brandon was artificially inseminated so that the couple could have a baby. After several tries, the insemination was successful and Mrs. Brandon became pregnant with her son.
The doctors monitored her pregnancy, and at the end of her pregnancy, brought her in for a non-stress test, which was not reassuring, and they demanded further testing, but no tests were done. Rather than follow-up on the tests, they told Mrs. Brandon to return in two days for induction of labor.
When Mrs. Brandon returned, the doctor broke Mrs. Brandon’s water, and immediately, meconium (the baby’s waste byproduct) was shown in the amniotic fluid. Having meconium in the amniotic fluid can be a sign that the baby was suffering fetal distress and is a signal for delivery.
However, delivery was not done at the time. The doctor made the decision to wait to see if Mrs. Brandon continued to dilate. The doctor also claimed that Mr. and Mrs. Brandon refused a cesarean section. The parents disputed this fact, claiming that they would have done anything the doctor instructed them to do to accomplish delivery and to have a healthy baby.
The doctors waited, and finally after Mrs. Brandon was completely dilated, proceeded with the cesarean delivery.
The baby was born severely depressed with brain damage, which is permanent. He will never be able to walk, talk or to be left alone. He has cerebral palsy and will remain that way for the rest of his life.
Prior to trial, the case was settled for the limits of the Defendants’ available insurance. The settlement proceeds were deposited into a Court-controlled Trust to provide for our client’s life-time medical needs.