We are pleased to announce a defense verdict in an
obstetrical birth injury case for attorneys Frederick Sewards and Patrick Smith
following a 2.5-week jury trial in Columbus, Ohio. Mr. Sewards and Mr. Smith defended an obstetrician/gynecologist
who directed a labor and delivery of a full-term pregnant patient. Plaintiffs alleged that abnormalities on the
fetal heart monitor strip that were ongoing for several hours required earlier
delivery by C-section. Plaintiffs’ expert
witnesses claimed that the delay in delivering the child resulted in a
compression or occlusion of the umbilical cord cutting blood and oxygen to the
baby resulting in a permanent and severe brain injury as a result of asphyxia
at or about the time of birth.
Defendants presented highly qualified expert witnesses in
maternal fetal medicine and obstetrics/gynecology to demonstrate that the fetal
heart monitor strips were, in fact, reassuring and did not require earlier
urgent delivery by C-section. Additionally,
defense expert witnesses in neonatology, pediatric neurology and pediatric
pathology further demonstrated that the cause of the brain injury was unlikely
to be birth asphyxia and was most likely the result of other processes over
which the obstetrician/gynecologist had no control.
The child has cerebral palsy and requires around the clock
care. Plaintiffs requested that the jury
return a verdict for more than $53 million.
After lengthy deliberations, the jury concluded that the
obstetrician/gynecologist was not negligent.