Confidential Q

THE VIRGINIA STATE BAR RULES OF PROFESSIONAL CONDUCT REQUIRE ALL ATTORNEYS TO MAKE THE FOLLOWING STATEMENT AND DISCLAIMER TO THEIR CASE RESULTS.

SETTLEMENTS AND VERDICTS IN ALL CASES DEPEND ON VARIOUS FACTORS AND CIRCUMSTANCES WHICH ARE UNIQUE TO EACH CASE. THEREFORE, PAST RESULTS IN CASES ARE NOT A GUARANTEE OR PREDICTION OF SIMILAR RESULTS IN FUTURE CASES WHICH THE ALLEN LAW FIRM AND ITS LAWYERS MAY UNDERTAKE.

Location: Confidential
Injuries: Wrongful Death
Settlement: $425,000

The plaintiff, age 23, was admitted to the hospital to deliver her first child.  A nurse midwife induced labor and administered Pitocin.  A fetal heart rate monitor indicated that the birth was rapidly becoming difficult.  Despite signs of fetal compromise, labor was allowed to continue for over two more hours before an obstetrician was notified.  Ultimately an emergency cesarean section was performed, but the infant was delivered stillborn.

Virginia law barred any wrongful death claim on behalf of the infant child since it was never deemed alive outside the birth canal.  Therefore, a claim was filed on behalf of the mother to compensate her for the emotional harm suffered due to the loss of her child.