On September 5, 2022, a 28-year-old expectant mother presented in active labor at a hospital in Dutchess County, New York. Despite earlier reports of painful and regular contractions, she was instructed by staff to remain at home until her contractions became closer together. Upon her eventual arrival at the hospital around 6 p.m., she was found to be 8 cm dilated. Intermittent monitoring of the fetal heart rate was performed using a handheld Doppler rather than continuous electronic fetal monitoring (EFM), even as labor progressed and signs of fetal distress became increasingly apparent.

Throughout the second stage of labor, medical personnel—including a nurse midwife and a medical student—failed to recognize or respond to fetal heart rate abnormalities. Just before 11 p.m., the patient delivered a full-term infant who was born blue, floppy, and unresponsive, with APGAR scores of 0 at one minute, 1 at five minutes, and 1 at ten minutes. The baby required 13 minutes of chest compressions before a heartbeat was established. She was diagnosed with severe hypoxic-ischemic encephalopathy (HIE) and transferred to a regional medical center for therapeutic hypothermia and advanced neonatal care.

Following a seven-week NICU stay, the patient’s child was diagnosed with severe HIE, cortical visual impairment, dysphagia, and cerebral palsy. She is unable to swallow, is fed through a GJ tube, and requires extensive therapies and 24-hour care. Her condition is expected to result in permanent and profound neurological and physical impairment. The child’s parents have made dramatic life adjustments, including the mother leaving her job to become a full-time caregiver.

The case was resolved with a $10,750,000 settlement, a portion of which has been allocated to the New York Medical Indemnity Fund. This allocation ensures that the child’s future medical needs arising from her birth-related neurological injury will be covered for life.