Mishandled delivery

Text Size

Share this page on any of these social networking sites:
Share this page on any of these social networking sites: LinkedIn

 

Law Reporter Products

  • Abstract Sets
  • Court Documents
  • Injury Collections

Get More Info »

Search the Exchange »

Case in Point

May 15, 2012

Mishandled delivery 

The plaintiffs alleged that a midwifery clinic and two midwives should have instructed a patient to deliver her child at a hospital and should have performed continuous fetal monitoring. The parties agreed to a $5 million stipulated judgment before trial. Nielson v. Goodwin.

Victoria Nielson received regular prenatal care at The Baby Place Midwives & Birth Center, a midwifery clinic. When she was more than a week overdue, she was admitted to the clinic to deliver her child. Midwives Coleen Goodwin and Jerusha Goodwin monitored Nielson during the first phase of labor, which lasted more than 20 hours due to the baby’s delayed descent. About 26 hours after her admission, Nielson’s daughter was born in cardiac and respiratory arrest. Her Apgar scores were zero at one minute and one at five minutes. Now 4, she is severely brain damaged and requires a feeding tube and 24-hour care.

Nielson and her husband, individually and on their daughter’s behalf, sued the clinic and the Goodwins, alleging the midwives mishandled the delivery. Among other things, the plaintiffs argued that in light of the baby’s gestational age and failure to descend, the defendants should have instructed Nielson to deliver her child at a hospital. Additionally, the plaintiffs asserted, the defendants should have performed continuous fetal monitoring during the delivery.

The parties agreed to a $5 million stipulated judgment before trial.

Citation: Nielson v. Goodwin, No. CVOC201008898 (Idaho, Ada Co. Dist. Apr. 20, 2012).

Plaintiff counsel: AAJ member Eric S. Rossman, Boise, Idaho.


The American Association for Justice
777 6th Street, NW, Ste 200 • Washington, DC  20001 • 800.424.2725 or 202.965.3500

© 2014 AAJ