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Failure to Order C-Section / Brain Damage

Filed under Birth Injury

The Eyler Case

In this case, we represented a minor and her parents for injuries that the child sustained during her birthing process.

Early in the pregnancy, Mrs. Eyler was diagnosed as being pregnant with twins. In anticipation of the twin delivery, Mrs. Eyler’s obstetrician ordered testing, as well as measurements of her pelvis. Because twin pregnancies are higher risk, the obstetrician also ordered an ultrasound done every month. One of the ultrasounds showed that one of the twins was in the “breech” position.

After presenting to the Hospital with spontaneous labor complaints, Mrs. Elyer was admitted to the labor suite and an initial vaginal examination was performed. When her labor progressed, Mrs. Eyler was brought back to the delivery room where she was instructed to push. “Baby A” was delivered with the aid of forceps and had Apgar scores of 7 at 1 minute and 8 at 5 minutes. Baby A was then transported to the obstetrical recovery room.

Soon after the delivery of Baby A, it was noted that the fetal heart tones of “Baby B” had decreased. It was also noted that Baby B was experiencing distress and presented vertex and in the breech position.

During Baby B’s delivery, his body delivered but his head became entrapped. In response, the obstetrical doctors unsuccessfully attempted vacuum extraction and forceps delivery multiple times. They then rotated Baby B’s position to achieve a “legs-first” delivery, again without success. The doctors then again attempted forceps delivery multiple times and finally achieved delivery. This was after Baby B was “stuck” in the birth canal for approximately 5 minutes. Baby B had Apgars of 1, 5 and 6 at 1, 5 and 10 minutes respectively. As a result, the baby suffered a right parietal bone skull fracture which required immediate surgery. He also exhibited other medical problems related to asphyxia (a condition caused by the inadequate intake of oxygen). His birth injury also caused cognitive and emotional issues.

On behalf of Baby B and Mr. and Mrs. Eyler, we brought suit against the Hospital and obstetrical doctors who performed the delivery.

Throughout the course of the case, we retained 6 nationally recognized expert witnesses Our experts opined that the Defendants were negligent, among other things, in failing to note the position of Baby B before attempting vaginal delivery, failing to use the appropriate delivery techniques when presented with the signs of difficulty in the presentation and delivery; and failing to order and perform a Cesarean delivery when presented with the position of Baby B. The Defendants’ experts contested all aspects of the case.

Hours before we were scheduled to select a jury, the case settled for a substantial amount. Afterward, our firm worked with the Eyler family to place the settlement proceeds into a Special Needs Trust with a local Bank acting as Trustee. This Trust can be used solely for the benefit of Baby B.