The patient went into labor and after several hours began showing signs that the baby was in distress. She asked for and signed a consent to have a cesarean section. However, this was not done and labor continued for several more hours. The baby was born after several applications of a vacuum extractor device. The baby suffered a significant brain injury as a result of the events of labor and died within a month of life.
Outcome:
A settlement was reached. The terms of the settlement are protected by a confidentiality agreement.