Virginia Lawyers Weekly

Infant plaintiff was delivered on Dec. 11, 2003, with an Apgar score of two, four and five. Her cord blood pH was 6.64. She was transferred to the neonatal intensive care unit in a depressed neurological state. For two hours and 20 minutes prior to delivery, the fetal monitor tracings were ominous. The infant incurred profound brain damage.

Plaintiff maintains that, had the delivery occurred two hours prior, she would have had a high probability of a normal outcome.

Defendants maintain that the neurological damage was caused by a fetal inflammatory response syndrome secondary to acute chorioamnionitis.

Defendants did not dispute the damages. The battle ground was causation. Both parties compromised on the settlement.

[09-T-084]

Type of Action: Medical malpractice
Injuries Alleged: Profound brain damage to infant during delivery
Name of Case: Roe, an infant, by her mother and next friend Soe and Soe, individually v. Roe, et al.
Verdict or Settlement: Settlement
Amount: $925,000
Plaintiffs’ Attorneys: William E. Artz and Andrew Waghorn, Arlington

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