June 19th, 2006

"Hospital Settles Cerebral Palsy Malpractice Suit for $2.4 Million"

A medical malpractice lawsuit involving a baby born with serious brain damage and cerebral palsy as a result of inadequate medical care has been settled for $2.4 million by a California hospital

Morgan Lee, now nearly 2-years-old, was delivered by emergency Caesarean section at Contra Costa Regional Medical Center on July 27, 2004. He was born with central nervous system damage and is quadriplegic.

The lawsuit alleged that hospital officials failed to provide Donna Lee, Morgan''s mother, with adequate care despite knowing that she faced a greater risk of complication because she was diabetic and had high blood pressure.

Lee saw her doctor at the Richmond Health Clinic on July 23, 2004 for high blood pressure. The doctor sent her to the hospital to be induced into labor since high blood pressure can jeopardize the health of the fetus.

High blood pressure can also lead to a condition called preeclampsia, which, if left untreated, can stress on the fetus.

At the hospital, Lee received pitocin – a medication used to increase the rate of contractions and induce labor. Four days later, she still had not given birth.

On the fourth day, a fetal heart-monitoring test suggested that the baby might not be receiving a sufficient supply of oxygen. Other tests done that morning to prompt a response from the baby showed no response.

Even though a doctor called for an immediate C-section, the procedure was postponed until two and a half hours later. At 1:34 p.m., after another test showed that the baby was in serious trouble, the C-section was finally performed.

Stan Casper, attorney for the mother, said that the hospital “wasted precious time” and that the damage might have been avoided had the procedure been performed before 11 a.m.

“You could see that the baby had totally declined – a heart rate way, way depressed and insufficient to properly oxygenate the baby''s brain,” he said.

Casper added that Morgan''s “prognosis is very, very grim in terms of him ever getting better.”

The settlement provides $2.15 million toward the purchase of a lifetime annuity for Morgan. If he lives a normal lifespan, the total annuity payments will amount to nearly $18 million. Morgan''s mother will also receive $250,000 as part of the settlement.