Significant Settlement Obtained on Behalf of Infant who Passed Away 3 Days After Birth Due to Doctor’s Failure to Recognize Mother’s Elevated Risk of Uterine Rupture

Christopher Nyberg and Bradley Zimmerman obtained a significant settlement on behalf of an infant who tragically passed away three days after birth due to the physician’s failure to properly diagnose and recognize that the mother had an elevated risk of uterine rupture.

Our client presented to the hospital at around 34 weeks pregnant with complaints of sharp abdominal back pain, distinct decreases in fetal heart rate , contractions, and pain. Upon arrival, doctors administered medicine to our client to ease the contractions, however our client’s symptoms did not resolve, and she continued to experience distressing symptoms for nearly an hour before anything was done.

Notably, our client had a prior medical history that included a classical C-section, which significantly increases the risk of sustaining a uterine rupture. By the time that our client’s doctor finally recognized that she urgently needed a c-section, the c-section was further delayed for nearly an hour due to a delay in calling the anesthesiologist and an additional delay in performing the c-section itself.

Unfortunately, as a result of both the delay and the defendants’ negligence, our client’s baby was born in severe distress, extreme discoloration, experienced severely low levels of oxygen, experienced seizures, and was diagnosed with birth asphyxia and neonatal encephalopathy, which is caused by lack of oxygen to the baby during birth.

Following the birth, the baby was placed on cooling protocol, but doctors were unable to save the baby’s life due to brain damage, hypoxia, and distress which ultimately led to the infant’s passing just three days later.

Christopher Nyberg alleged that had defendants should have recognized our client’s emergent need for c-section given her presenting symptoms and elevated risk of uterine rupture. When there is a uterine rupture, time is extremely important as even just a one-to-two-minute delay can have a significant impact on an infant’s health, especially if the infant is not properly receiving oxygen as a result.

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