$2.4 million settlement for brain injured child

A 5-year-old boy who is unable to walk, talk or sit by himself has received a $2.4 million settlement from the obstetrician who failed to respond to abnormal testing during his mother’s pregnancy. The boy’s mother, who was a patient at a local HMO, called the HMO to report a decrease in fetal movement. She was told to come to the hospital for non-stress testing, which showed abnormalities. The defendant discharged her after the testing, without ordering further testing or delivering the baby. The next day, when the mother returned for a regularly scheduled ultrasound, the baby’s condition had deteriorated significantly, and he was delivered by emergency Cesarean section. He suffered permanent neurologic injuries due to the delay in delivering him after the abnormal test results