Undisclosed County (Calif)
A woman at 36.5 weeks’ gestation presented to a clinic for prenatal care. At that time, her fundal height was noted as 31 cm—a 4-cm decline from her previous measurement.
Over the remainder of her pregnancy, her fundal heights were as follows:
- 31 cm at 37.5 weeks’ gestation—however, a different clinician measured 38 cm at that same visit
- 32 cm at 39 weeks, 2 days
- 32 cm at 40 weeks, 2 days (good fetal heart tones and fetal movement were noted)
Roughly 30 minutes after the drug was given, the child was delivered by cesarean section. He weighed approximately 5 lb and had Apgar scores of 3 and 6. Thick meconium was noted. Two months later, the child was diagnosed with cerebral palsy consistent with hypoxic or ischemic insult.
The plaintiff claimed the defense was negligent in failing to diagnose intrauterine growth retardation.
The defense maintained the standard of care was met at all times.
- The case settled for $4.1 million at mediation.