Doe’s mother received some of her prenatal care at a federally funded healthcare program. Doe’s mother was admitted to a hospital for induction of labor at more than 40 weeks gestation.
The next day, the fetal monitor allegedly showed prolonged and late decelerations. Approximately two hours later, Baby Doe was delivered by cesarean section.
Doe’s Apgar scores were 1 at 1 minute and 4 at 5 minutes. He was diagnosed as having suffered hypoxic-ischemic brain damage. Doe is now 5 years old and requires 24/7 care. Doe’s family and guardians filed a lawsuit against the United States under the Federal Tort Claims Act. The family alleged negligence by one provider and the hospital. The suit also alleged negligence by another provider and maintained that the provider failed to perform a timely cesarean section that would have prevented the child’s brain damage.
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