Case details
Doctor was oblivious to signs of fetal distress, family alleged
SUMMARY
$74525000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
brain, brain abnormalities, brain damage, brain injury, cerebral palsy, emotional distress, mental, neurological, psychological
FACTS
On April 19, 2009, plaintiff Sofia Blunt was delivered at 41 weeks gestation by Dr. Kurt Haupt, an obstetrician, at Sierra Vista Regional Medical Center in San Luis Obispo. Mother Jennifer Blunt, a woman in her late 20s, claimed that Sofia, was born after a four-plus hour, second stage of labor and prolonged pushing and crowning. According to Blunt, Haupt was oblivious during the delivery — not performing an episiotomy, not attempting to vacuum and not conducting a forceps assist — despite obvious signs of fetal distress. Sofia was born severely depressed with Apgar scores of three, two and zero. Blunt alleged that Haupt failed to obtain a cord blood gas immediately after the delivery; at about 40 minutes of life, the venous pH was 6.63 with a base excess of -29. Blunt sued Haupt and the hospital for medical malpractice. Blunt and Sierra Vista Regional Medical Center entered into a confidential settlement amount two weeks into trial. Haupt maintained that there was no evidence of fetal distress during the labor and no indication to ever hasten the delivery vaginally or via Cesarean section. Haupt asserted that Sofia’s brain damage occurred after her delivery due to an obstruction in her airway, which was eventually cleared by the hospital staff., Sofia sustained severe and permanent brain damage, spastic/ataxic cerebral palsy, quadriparesis, and she is G-tube dependent. She will need 24-hour care for life, and will never be gainfully employed. Blunt, on behalf of her child, sought recovery of $53 million for future medical expenses, $10 million for future lost earnings and/or earning capacity, $225,000 for past non-economic damages, and $7.5 million for future non-economic damages. Blunt, who claimed emotional distress from her child’s birth, sought recovery of $500,000 for past non-economic damages and $2 million for future non-economic damages. Her husband, also claiming to have suffered emotional distress, sought recovery of $300,000 for past non-economic damages and $1 million for future non-economic damages.
COURT
Superior Court of San Luis Obispo County, San Luis Obispo, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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