Infant Death $16M
The $16 Million Verdict and the Critical Importance of Timely Intervention: Infant Death & Medical Malpractice
A jury awarded a $16 million verdict in a medical malpractice case involving the tragic death of an infant due to a delayed C-section. The case centered on the devastating consequences of hospital staff and doctors failing to respond to clear warning signs during a prolonged labor. The family alleged that despite visible indications of fetal distress—including oxygen deprivation and the presence of meconium—the doctor did not perform an emergency C-section until the window for a safe delivery had closed.
This verdict is more than just a financial figure. It reflects the severe harm caused by medical inaction and the profound emotional toll on a family. The decision sends a powerful message that negligence causing devastating injury has serious consequences.
To understand why this case resulted in such a significant verdict, it is essential to explore the medical red flags that the legal team argued were ignored that resulted in infant death and birth injury medical malpractice.
Understanding Signs of Fetal Distress
Fetal distress is a broad term used to describe a situation where a baby is not receiving adequate oxygen or is otherwise struggling during labor and delivery. Monitoring these signs is the primary responsibility of the labor and delivery team.
Common signs of fetal distress include:
- Abnormal Heart Rate: This is often the first indicator. A heart rate that is too fast (tachycardia) or, more alarmingly, too slow (bradycardia) can signal trouble.
- Decreased Fetal Movement: If a mother notices a significant drop in the baby’s activity, it may indicate the baby is trying to conserve energy due to stress.
- Abnormal Results on a Non-Stress Test: These tests measure the baby’s heart rate in response to their own movements.
If medical providers do not respond to fetal distress, it can lead to infant death and medical malpractice.
What is Prolonged Labor?
In this case, the family alleged that the distress occurred during a prolonged labor. Labor is generally considered “prolonged” (or “failure to progress”) when it lasts longer than 20 hours for a first-time mother or 14 hours for someone who has given birth before.
Prolonged labor is dangerous because it puts physical stress on both the mother and the infant. As labor stretches on, the risk of infection increases, and the baby may become exhausted or experience restricted blood flow during contractions. When labor stalls, medical professionals must decide whether to intervene with medication or move toward an emergency C-section to prevent injury. Inaction here resulted in infant death and medical malpractice.
Indications of Oxygen Deprivation (Hypoxia)
The core of the plaintiff’s argument was that the medical team ignored indications of oxygen deprivation. When circumstances compomise a baby’s oxygen supply, it can lead to Birth Asphyxia. This often results in permanent brain damage or, as in this case, infant death and medical malpractice.
Indications of oxygen deprivation include:
- Late Decelerations: On a fetal monitor, if the baby’s heart rate drops after the peak of a mother’s contraction and takes a long time to recover, it is a classic sign that the placenta is not delivering enough oxygen.
- Low Apgar Scores: Immediately after birth, doctors assess babies on a scale of 1–10. Very low scores often point to oxygen deprivation during delivery.
- Acidosis: Blood tests taken from the umbilical cord can reveal high acid levels, confirming the baby was struggling to breathe.
The Presence of Meconium and Its Significance
The trial highlighted the presence of meconium as a critical warning sign that the medical providers appeared to overlook. Meconium is the baby’s first stool. It is thick, sticky, and dark green.
Why is meconium significant during labor? Under normal circumstances, a baby does not pass meconium until after birth. If meconium is in the amniotic fluid while the baby is still in the womb, it is often a sign of physiological stress. The baby’s digestive system may contract due to a lack of oxygen, causing the stool to be expelled.
The greatest danger is Meconium Aspiration Syndrome (MAS). If a distressed baby gasps for air while still in the womb or during birth, they can inhale the meconium-stained fluid into their lungs. This can cause severe inflammation, block the airways, and lead to fatal lung or brain injuries. When meconium is present, the medical team must act with heightened urgency. Inaction here led to infant death and medical malpractice.
The Consequences of Inaction: Infant Death & Medical Malpractice
In this case, the doctor delayed in performing a C-section despite these clear markers. This delay led to a fatal brain injury shortly after birth. The $16 million award covers medical expenses. More importantly, it also addresses the “emotional damages” and the loss of a life that timely intervention could have saved.
Medical malpractice cases involving infant deaths are incredibly complex. They require a deep understanding of both the law and the strict protocols that govern obstetric care. This verdict serves as a reminder to healthcare providers that “inaction” can be just as negligent as an active mistake.
You can read Blog posts on other Verdicts.
Mark Kopec is a top-rated Baltimore medical malpractice lawyer. Contact us at 800-604-0704 to speak directly with Attorney Kopec in a free consultation. The Kopec Law Firm is in Baltimore and helps clients throughout Maryland and Washington, D.C. Thank you for reading the Baltimore Medical Malpractice Lawyer Blog.