$5.75M Settlement for Failure to Diagnose Pre-Term Labor

Attorneys Daniel S. Weinstock and Carolyn M. Chopko secured a $5.75 million settlement in Delaware for a child who suffered brain damage and cerebral palsy after her mom was sent home from the hospital while experiencing pre-term labor.

The mom, at more than 29 weeks pregnant, presented at the hospital with sharp intermittent abdominal pain and contractions that were detected on the fetal monitoring equipment. She lost what appears to have been the mucous plug to her cervix while being examined, which is a sign of labor. However, the registered nurse never told the certified nurse midwife (CNM) about the mucous plug, and the CNM discharged the mom while she was still experiencing contractions.

The child was born at home, just four hours after pre-term labor was negligently ruled out.

Weinstock and Chopko consulted with prominent medical experts to establish that had the standard of care been met, the mom would have been admitted to the hospital and administered tocolytic drugs to delay delivery and betamethasone and magnesium sulfate for neuroprotection in anticipation of an early pre-term delivery, and her baby would have had a normal outcome.

Instead, the child, whose brain injury affects her body much more than her cognitive ability, knows all the things she cannot do as compared with other children. Her condition has rendered her incapable of ever being gainfully employed or taking care of herself.