The claim on behalf of infant plaintiff was that the defendant obstetrician was unprepared for the delivery and specifically did not properly prepare the patient and the equipment for the delivery, and furthermore, prematurely ruptured the membranes leading to the newborn being dropped on to the floor headfirst. The fall was alleged to have caused significant trauma to the head and created a loud thud upon impact. It was further claimed that the trauma caused a depressed occipital fracture, resulting in massive brain bleed in the brainstem, medulla, and pons, as well as diffuse brain swelling causing a widening of the sutures of the skull as demonstrated on the CT scan and ultrasound of the head. The newborn was documented to have “flew out,” “slipped and hit the ground headfirst,” and “accidentally fell during delivery,” and was noted on CT and ultrasound to have a depressed occiput at the level of the lambdoid suture and a displaced fracture of the occipital bone.
The Defense team argued that, while the obstetrician was unable to secure & control the baby during the delivery, the physician nonetheless followed the standard of care and proper protocols. Furthermore, the Defense argued that it was necessary for the physician to address the obstetrical complication & emergency of a tight nuchal cord wrapped around the baby’s neck during the delivery. In resolving the complication & emergency, the obstetrician followed the standard of care by expertly & competently addressing the nuchal cord by clamping and cutting it. However, the patient simultaneously was unable to suppress the urge and pushed the baby out despite instructions to stop pushing, and the baby delivered as the doctor had just completed clamping & cutting the cord with scissors still in hand. The Defense team argued that the baby fell into sheets hanging off the delivery apparatus which softened his fall to the floor avoiding significant injury.
The jury agreed the obstetrician met the standard of care on each liability question.