$11,500,000.00 Dollar Settlement

Date:  October 2009

C.M. as Mother and Next Friend of D.M., a minor, v. Karen Boettner, C.N.M., Ind. and as Agent and/or Employee of Northwest Community Hospital and as Agent and/or Employee of OB-GYN Associates, S.C.;  Northwest Community Hospital and OB-GYN Associates, S.C.

This case involved a water birth in which just prior to delivery shoulder dystocia occurred.  Shoulder dystocia is where due to the large size of the D.M.’s shoulders his mother, C.M.,  was unable to deliver the baby vaginally without various maneuvers.  This occurred when C.M.was still in the tub.  Because they were unable to empty the tub as quickly as needed they attempted to deliver the baby in the tub.  As a result, she was unable to perform the appropriate maneuvers that were recommended for shoulder dystocia.  Due to the delay in delivery Plaintiff contended that D.M. became brain damaged and has suffered severe and significant injuries.