$4 Million Settlement in Mishandled Birth Delivery

Brittani Clavet was admitted to the University of Connecticut’s John Dempsey Hospital at 35 weeks gestation. The treating obstetrician, Dr. David Park, allegedly attempted a manual rotation of the baby’s head while observing that she was in the occiput posterior position.

An occiput posterior position is when the baby’s head is down, but it is facing the mother’s front instead of her back. It is known to be safe to deliver a baby facing this way, but it is harder for the baby to get through the mother’s pelvis.

A resident physician attempted a second manual rotation, after which the fetal monitor began to show frequent deep deceleration and tachycardia. Dr. Park allegedly ordered a stat cesarean section.

During the procedure, Dr. Park allegedly made several unsuccessful attempts to deliver the baby’s head. Then he used a kiwi vacuum device but could not achieve suction. The baby was subsequently delivered using pressure on the mother’s abdomen.

The baby was born in a limp condition with a fractured skull. The baby’s Apgar scores were 2 at one minute and 5 at five minutes. The baby developed a massive subgaleal hemorrhage within an hour of delivery. A subgaleal hemorrhage is an accumulation of blood that forms between a newborn’s skull and the skin on the scalp. The baby was transferred to the NICU where she had a lengthy stay.

At age 2, the baby was diagnosed as being on the autism spectrum.

Clavet sued the State of Connecticut alleging medical negligence. The defendant Connecticut claimed that the baby’s injuries had resolved before the onset of her autism.

Before trial, the parties settled for $4 million.

The attorneys successfully handling this case for Clavet were Kathleen L. Nastri and Skylar Albertson.

Clavet v. Connecticut, No. HHD-CV-18-6088357-S (Conn. Super. Ct. Hartford County).

Kreisman Law Offices has been handling birth trauma injury lawsuits, brain injury lawsuits, negligent delivery lawsuits, and medical negligence cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Olympia Fields, Calumet City, Palos Park, Schaumburg, Tinley Park, Inverness, Orland Park, Rosemont, Chicago (Rogers Park, Bridgeport, Canaryville, South Shore, South East Side, Bronzeville, Chinatown, Des Plaines, Glenview, Homer Glen, and Naperville, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.