Professional Negligence Law Reporter

Doe, 31, was admitted to a hospital at 41 weeks gestation. A certified nurse midwife allegedly estimated the fetal weight at nine to nine-and-a-half pounds. The following day, another certified nurse midwife allegedly determined that the fetus’s head was down but facing up, making a vaginal birth more difficult. Doe allegedly was instructed to attempt a vaginal birth; however, she repeatedly requested a cesarean section during the almost 20-hour labor.

Doe’s treating obstetrician attempted a vacuum-assisted delivery several times, continuing to reapply the vacuum extractor until Doe delivered her son. Doe suffered a fourth-degree perineal laceration and multiple labial lacerations during the delivery. She experienced pain, incontinence, and emotional distress and underwent surgery. She continues to receive pelvic floor therapy and other care.

Suit against the obstetrical practice alleged improper management of the labor and vaginal delivery.

The parties settled for $800,000.

Citation: Doe v. Roe, Confidential Dkt. No. (Va. Cir. Ct. Newport News June 8, 2024).

Plaintiff counsel: AAJ member Travis W. Markley, Richard L. Nagle, and Heather E. Zaug, all of Reston, Va.