$2.75 Million settlement in Montgomery County for esophageal intubation of a premature baby

August, 2006

Shortly before jury selection in Montgomery County, PA, Feldman Shepherd attorney Carol Nelson Shepherd negotiated a $2.75 million settlement for the family of a 5 year old girl who suffered a cerebellar hemorrhage with resultant cognitive and motor deficits as the result of a prolonged period of severe asphyxia when an endotracheal tube was placed into her esophagus instead of her trachea only minutes after her birth. A confidentiality clause in the settlement agreement precludes disclosure of the names of the defendant physicians and institution.

The mother of the little girl was 25 weeks pregnant when her membranes ruptured and she was admitted to defendant Hospital where an emergency cesarean section was performed to deliver the baby. Approximately two minutes after delivery, the treating neonatologist and his nursing assistant intubated the baby in order to address the respiratory distress she was experiencing as a consequence of her extreme prematurity. Unfortunately, they apparently placed the endotracheal tube into the baby's esophagus, not her trachea, and an oral gastrostomy tube into her trachea instead of her esophagus. Plaintiff's neonatology expert was prepared to testify that the treating doctor should have obtained a stat x-ray to identify the location of these tubes, and should have recognized and responded to clear signs, both clinical and by blood gas analysis, that the baby was not being adequately ventilated and oxygenated. The treating neonatologist failed to review the chest x-ray until the transport team from another hospital arrived approximately 90 minutes post-delivery, recognized the problem, and re-intubated her correctly. Only then was the baby properly ventilated and there was a marked improvement in her arterial blood gasses.

Plaintiffs were prepared to present testimony at trial from experts in the fields of neonatology, neuroradiology, pediatric neurology and clinical neuropsychology, as well as a life-care planner and an economist in support of her claim.

Defendants contended that the baby was initially properly intubated but that the tube had unbeknownst to them subsequently slipped out of place. They further contended that asphyxia does not cause cerebellar hemorrhage and that the child's deficits were a consequence of her prematurity and not any of their actions.

The settlement will be held in a special needs trust for the 5 year old plaintiff to provide for her future needs.