Infant delivered at 28.5 weeks; resuscitation unsuccessful — $800,000 settlement

Type of action: Medical malpractice

Injuries alleged: Death of a 28.5 week fetus in high-risk mother

Tried before: Mediation

Name of judge or mediator: Judge Johanna L. Fitzpatrick (Ret.)

Date resolved: 12/13/2021

Verdict or settlement: Settlement

Amount: $800,000 (before litigation)

Attorneys for plaintiff (and city): Anthony M. “Tony” Russell, Roanoke; Gary Gilliam, Wise

Description of case: A high-risk mother who was 28.5 weeks pregnant presented to an emergency department with abdominal cramps and pain. The treating physician did not adequately evaluate the mother to rule out preterm labor. Instead, the physician discharged the mother home. Shortly after being discharged, the mother returned to the emergency department having partially delivered her child. The child was fully delivered outside of the emergency department. The infant was cyanotic and resuscitation was not successful. The infant was pronounced deceased.

Before suit was filed, plaintiff’s counsel approached the insurance company for the physician about settlement and a mediation with Judge Johanna L. Fitzpatrick was agreed upon. The mediation was not successful but Judge Fitzpatrick continued with her efforts and the matter was settled shortly thereafter.

Anthony M. “Tony” Russell, counsel for the plaintiff, provided case information.

[022-T-025]