Jury Returns Unanimous Defense Verdict for OB-GYN and Hospital System in Birth Injury Case

Our attorneys secured a unanimous defense verdict in a nearly five-year case against an obstetrician-gynecologist and a large hospital system that had the potential to be the largest civil jury award in state history.

The plaintiff presented to the hospital in active labor more than a week past her due date. She had previously delivered via cesarean section but wanted to attempt a vaginal delivery. While she was pushing, a large hematoma developed that made vaginal delivery impossible, prompting the decision to proceed with a cesarean. During the procedure, the physician discovered that the plaintiff's uterus had ruptured. The baby was born with significant neurological injuries. 

During the three-week trial, plaintiff argued that the physician and the nurses were negligent for failing to identify the risk of impending uterine rupture and for not delivering the child sooner before the injuries occurred. The plaintiff's obstetrical expert asserted that the defendant physician should have informed the patient of the potential risks of continuing with vaginal delivery and advocated for a cesarean section. This expert, however, does not manage labors for women attempting a vaginal birth after a cesarean and had never cared for a patient in the plaintiff's position.

The defense team successfully demonstrated that there was no indication for cesarean prior to the hematoma and that the standard of care did not require the defendants to obtain consent for the procedure when trial of labor remained a reasonable option. Defense experts at the forefront of research and clinical practice explained that the injury occurred many hours before the plaintiff arrived at the hospital.