Hersh & Hersh Prosecutes Hospital and Doctor Regarding Birth Injury That Caused Cerebral Palsy

Hersh & Hersh is scheduled for trial in a case involving the negligent supervision of a woman's labor and delivery in 1996. As a result of the Hospital and Doctor's negligence, the baby now suffers from Cerebral Palsy and will need constant assistance for even the most basic living tasks for the rest of his life.

Prior to leaving the hospital for home, the doctor ordered the administration of Oxytocin to the patient in amounts of up to 40 milliunits. Thereafter, the nurse increased the Oxytocin as ordered without regard to frequency of the patient's contractions or the signs of fetal distress evident on the heart monitor strip which had persisted for hours. Finally the nurse called the doctor to come to the delivery room to review the strip and examine the patient. Soon after the doctor's arrival, there was a severe drop in the baby's heart rate (fetal bradycardia), which led to the crash C-section to try to prevent brain damage.

The C-section was necessitated by a terminal fetal bradycardia that occurred after several hours of worsening fetal distress brought on by uterine hyperstimulation caused by excessive Oxytocin ordered by the doctor. Hyperstimulation is a condition where maternal contractions are separated by less than two minutes. Hyperstimulation is a known risk of Oxytocin administration. Hyperstimulation poses the greatest risk of fetal oxygen reserve depletion during labor.

The baby suffered very severe mental deficiencies, mental retardation, inability to speak, and other problems resulting from negligence of the obstetricians.

In 2003, Hersh & Hersh entered into a confidential settlement with the hospital for the nurse's negligence. However, the doctor refuses to settle, necessitating the December trial, where the Plaintiffs will show that the baby's future medical care and living assistance costs exceed $19,000,000.