During the delivery of the newborn in this case, the fetal monitor of the fetus indicated non-reassuring signs over the course of several hours, including heart rate abnormalities. In this summary of the case, the baby is Baby Doe. This was a confidential settlement in which the parties were identified as Doe, being the mother of the newborn, Baby Doe and Roe, being the physician, the obstetrician and hospital that were sued.
The mother of Baby Doe experienced uterine tachysystole. Uterine tachysystole is defined as six contractions in a ten-minute period.There have been many studies as to whether more than six contractions over a ten-minute period within the first four hours of labor induction is associated with adverse infant outcomes. However, six more contractions in ten minutes were significantly associated with fetal heart rate decelerations.
A nurse at the Roe hospital notified the treating obstetrician who allegedly reviewed the monitor strips but did not re-examine Baby Doe’s mother.Baby Doe was born in a depressed condition with Apgar scores of 3 at one minute and 6 at five minutes.
An Apgar score is a measure of the physical condition of a newborn infant. The Apgar score is measured by obtaining points for heart rate, respiratory effort, muscle tone, response to stimulation and skin coloration. A score of 10 represents the best possible condition of a newborn.
Baby Doe is now 6 years old and has been diagnosed as having cerebral palsy and requires 24-hour-a-day care.
Baby Doe’s mother and guardian filed a lawsuit against the hospital alleging that it was responsible for choosing not to timely deliver Baby Doe by Cesarean section and for mishandling of the apparent fetal distress during labor and delivery.
The defendant Roe argued that Baby Doe had already suffered injury in-utero before his mother arrived at the hospital. This defense or excuse is proposed in general in many birth trauma, birth injury and brain damage baby cases. Before trial, the parties settled for a confidential amount.
The attorneys representing the Doe family were Thomas Donahue and Nicole Podgurski.
Doe v. Roe, Confidential Docket.
Kreisman Law Offices has been handling birth trauma injury lawsuits, labor and delivery lawsuits, brain injury lawsuits, hospital negligence lawsuits, medical negligence lawsuits and physician negligence cases for individuals, families and loved one who have been injured, harmed or killed by the negligence of a medical provider for more than 40 years, in and around Chicago, Cook County and its surrounding areas, including Naperville, University Park, Zion, Lindenhurst, Lansing, Midlothian, Calumet City, Blue Island, New Lenox, Flossmoor, Hinsdale, Aurora, Joliet, Chicago (Little Village, Sauganash, Pulaski Park, Rose Hill, Uptown, Andersonville, Hyde Park, South Chicago, Avalon Park, Calumet Heights, Pill Hill, Back of the Yards), Cicero, Berwyn, Melrose Park, Maywood and Hickory Hills, Ill.
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