When delivery of an infant becomes somehow complicated, like when the baby’s head gets stuck momentarily, the sensitive bones and tendons of a child can easily become injured. Although swelling from delivery complications usually goes down in a few days, some more severe cases may result in permanent birth injuries. This is especially true when the brain is involved.
A common type of brain swelling known as caput succedaneum is one swelling that may lead to permanent injuries. If you are a parent whose infant has suffered permanent injuries from swelling due to caput succedaneum, then you should read this article.
This article will address:
- What Is Caput Succedaneum and How Does This Type of Injury Usually Occur?
- What are Some Examples of Permanent Injuries Caused by Swelling Associated with Caput Succedaneum?
- Example of a Classic Caput Succedaneum Birth Injury Case
- Sample Verdicts and Settlements in These Cases
When a baby becomes stuck during delivery, physicians sometimes use a device known as a vacuum to help dislodge the infant. Sometimes the force of this vacuum impacts the infant’s soft skull, causing severe swelling that may result in permanent brain injuries if the swelling does not subside in a few days.
Caput succedaneum is severe swelling of an infant’s skull caused by some type of impact during childbirth. If the swelling does not subside on its own, it could lead to permanent brain damage. Brain damage in an infant is a tragic injury that forever changes a child’s future.
But who is to blame? Sometimes it is the physician who may have used negligent delivery methods that caused the baby to be stuck, or the doctor may have used too much force in dislodging the infant with a vacuum or other device, both of which are capable of causing caput succedaneum injuries.Examples of Serious Injuries and Deaths from Caput Succedaneum
- An infant who gets stuck during delivery is dislodged with overly excessive force, resulting in severe brain swelling that causes mental retardation in the infant.
- An infant’s head gets stuck during delivery and becomes swollen so severely that the baby’s skull becomes permanently impacted and deformed.
- An infant who is negligently delivered suffers severe swelling in his head that causes nerve damage in his brain and sadly leads to his paralysis.
Mary is on her way to a Baltimore hospital to have her second baby. Her first baby, who was born four years prior, was born with shoulder dystocia after he got stuck in the birth canal. When Mary presented to the hospital to have her second baby, she told the nurse about the complications from her prior childbirth. Once the doctor came in, Mary began to experience pain, and her contractions were getting closer and closer. The physicians decided it was time to induce delivery.
The physicians, however, never looked at Mary’s chart to see that her first child was stuck in the birth canal during delivery. If they had looked, they would have realized that Mary may have a narrow birth canal, and a C-section might be most appropriate for delivery of her second child. The doctors instead performed the delivery in the customary fashion. During delivery, Mary’s baby became stuck in her birth canal. The doctors used forceps to remove the infant, but those forceps caused the infant’s head to swell severely. The doctors diagnosed the injury as caput succedaneum.
Mary’s loss - and her baby's loss - is unimaginable. Her baby will now have brain damage for the rest of his life. Mary wants to sue and she wants to know how much her case is worth. She likely can sue, because the physicians here were negligent in failing to consider her medical history in performing delivery of her second baby. That negligence caused the baby’s injuries. These cases may be worth a lot of money because the injuries are of such a severe and permanent nature.Examples of Verdicts and Settlements in Caput Succedaneum Cases
- Pennsylvania: $1,800,000 Settlement. In this 2017 case, the plaintiffs alleged that the doctors and hospital failed to properly manage her labor and failed to recognize and respond to fetal distress including caput succedaneum. The baby suffered hypoxic-ischemic encephalopathy as a result of the delay before eventually performing an emergency c-section. The injury allegedly caused a number of developmental delays requiring various therapies and support services. The defendants claimed that they did not breach the standard of care but eventually settled the case for $1.8 million.
- Wisconsin: $23,200,000 Verdict. The plaintiff mom alleged that her baby suffered fetal brain injuries caused by caput succedaneum when the doctor performing her delivery failed to timely order a C-section. The plaintiff mom had been having difficulty inducing labor, but the physicians did not notice until it was too late. The physicians instead used a vacuum to remove the baby who then became stuck in the birth canal. When the baby was forcefully dislodged, it had suffered a large caput succedaneum injury as well as shoulder dystocia. The parents sued the doctors and hospital claiming that they were negligent in failing to perform a c-section delivery at the first sign of distress. The claim the jury apparently believed is that Defendant OBGYN left the delivery room and was in his office when significant caput succedaneum presented during delivery resulting in a series of complications. Juries are quick to lose patience with doctors that do not seem to be doing everything that they can. When the doctor eventually came back to the delivery room he attempted several times to extract the baby with forceps without success. He then used a vacuum to facilitate delivery at which point the baby became stuck in the birth canal again. The baby was delivered with multiple skull fractures and eventually diagnosed with cerebral palsy. The defense lawyers argued in vain that the baby’s type of CP was caused by a stroke and not anything related to the complicated delivery. Plaintiff’s presented several very prominent expert witnesses including a top pediatric neuroradiologist to establish causation. Good experts are often key and they were in this case. The jury ruled in favor of the plaintiff’s and awarded $23.2 million in damages.
- New York: $5,000,000 Settlement. Plaintiff mom, 36, was admitted to St. Lukes-Roosevelt Hospital in New York, by her obstetrician, Dr. Mary Wilson, for a vaginal birth induction. She was more than a week overdue at the time. Before induction, the fetal heart monitor revealed abnormal activity in the mother’s uterus.The baby was born with caput succedaneum and permanent brain damage. The mom alleged that Dr. Wilson never took into account the abnormal uterine activity when selecting induction methods. Plaintiff alleged that OBGYN and hospital failed to properly monitor and manage uterine activity. Specifically, plaintiff claimed that fetal monitors showed hyperstimulated uterine activity but defendants went ahead and gave her Pitocin to induce labor instead of doing a c-section instead resulting in a long and stressful delivery. As a result, the baby was eventually born with caput succedaneum, conjunctival hemorrhages and other injuries which required 2 separate surgeries to correct. Sometime later he was diagnosed with hpotonic cerebral palsy. The doctors contended that the baby’s cerebral palsy was not actually caused by anything that happened during delivery. Right after a jury was selected for trial, the insurance company (CCC Insurance) agreed to settled the case for $5 million.
- Pennsylvania: $2,000,000 Verdict. The plaintiff mom, diagnosed as having a high-risk pregnancy, went to Rolling Hill Hospital in Philadelphia after going into labor. During labor, her physicians administered a drug called Pitocin to induce contractions. The fetus reportedly became wedged in her pelvis and developed caput succedaneum. An emergency C-section was performed, but the child suffered caput succedaneum and was sadly diagnosed with cerebral palsy and decreased cognitive functioning
Birth injuries are complex cases. They are painful and emotional for everyone, including the attorneys. But they are also potentially worth significant compensation for children and their families that desperately need money to care for their child.
If you are a parent whose infant has been injured during delivery, please contact Miller & Zois for a free claim evaluation. We are experienced and dedicated advocates who will fight to bring you justice. You can contact us at 800-553-8082 or get a free case evaluation online.More Information
- Learn more about medical malpractice claims in Maryland
- Learn more about birth injury claims in Maryland, Minnesota, Pennsylvania, and Washington, D.C. (We handle birth injury cases in every state in the country.)
- Failure to perform c-section lawsuit: an explanation of these claims and an example lawsuit