Settlement occurred pre-litigation at mediation with the Honorable…

Settlement occurred pre-litigation at mediation with the Honorable Thomas S. Shadrick (Ret. Virginia Beach Circuit Court) and Justice Lawrence L. Koontz, Jr. (Ret. Virginia Supreme Court, as observer for accreditation). This case involved the alleged mismanagement of the high risk labor and delivery of a pregestational insulin-dependent diabetic mother. For a period of over twenty-six hours during labor, the mother was not given insulin despite elevated blood sugar levels upon admission and thereafter. The mother developed life-threatening diabetic ketoacidosis. The fetus suffered severe ketoacidosis-induced hypoxic ischemic encephalopathy. Upon delivery, the newborn was resuscitated and lived for six days prior to the removal of life support due to global brain damage that was incompatible with life. Two claims were asserted: 1. for the mother’s emotional distress for injury to the fetus in the womb; and 2. for the wrongful death of the infant. The mother’s claim settled for $200,000, and the wrongful death claim settled for $1,000,000.

• Type of Action: Medical malpractice
• Injuries alleged: Wrongful death and emotional distress for injuries to the fetus in the womb
• Name of case: Confidential
• Verdict or settlement: Settlement
• Amount: $1.2 million