Pitocin Related Birth Injury Lawsuit

The primary danger of using Pitocin to stimulate labor is that, in some women, it can cause hyperstimulation of uterine contractions. This means that Pitocin causes the mother’s uterus contractions to become too strong and/or occur too frequently. Contractions that are overly strong or too frequent can be dangerous for the baby and may disrupt the normal flow of oxygen.

Ultimately, doctors and nurses need to watch both the baby and the mother. If a doctor is going to prescribe Pitocin, it is incumbent upon them to have constant external or internal monitoring of the fetal heart rate and observation of any non-reassuring fetal heart rate patterns, particularly late decelerations.

Too often, you have a situation where the fetal monitor is showing late decelerations or other signs of distress, or contractions are 5 or more in 10 minutes, firm, or last longer than 90 seconds. This is the baby telling the healthcare providers to stop the Pitocin and take steps to quiet the uterus. Sometimes, the breakdown is that the nurses are asleep at the switch. But, often in these cases, nurses sound the appropriate alarms and the doctor is rolling his eyes because he thinks the nurse is overreacting.

The half-life of Pitocin is about 3.5 minutes. This means Pitocin will cease to have an effect within 10 to 15 minutes and likely even sooner. So if Pitocin is pushing things too far the wrong way, withdrawing the Pitocin can bring it back.

But the key is turning off the Pitocin when the circumstances demand it. Continuing to administer Pitocin despite a persistent, nonreassuring fetal heart pattern is the origin of many birth injury medical malpractice claims.

Most hospitals have Pitocin protocols to be followed by OB/GYNs and labor and delivery nurses. What is maddening is how blithely these doctors will contend during that litigation process that it is okay to ignore these Pitocin protocols.

The nurse has a bigger role than you would think. The nurse has to be able to read the strips and understand the pharmacokinetics of this drug. But what surprises people is the nurse’s independent obligation to do the right thing. The nurse has a duty to follow written protocols and exercise independent judgment by questioning the doctor’s orders.

If the doctor will not do what the nurse believes is proper, the nurse has to be a patient advocate and follow the hospital’s “chain of command.” The “chain of command” is a term that implies that a nurse should move up the medical care hierarchy when that nurse believes another medical provider may cause harm to the patient.

This usually requires her to start with her direct supervisor and take it up the chain to the physician head of the department. The bottom line is that if the nurse does not act as the patient’s advocate in this way, the nurse can also be liable for a medical malpractice lawsuit brought by the child or mother.

Pitocin can cause uterine overstimulation of the uterus, causing or contributing to placental abruption. You know you have uterine hyperstimulation where there are strong tetanic contractions. These contractors can cause problems with decreased uteroplacental perfusion and can also cause uterine and placental rupture, cervical lacerations, and amniotic fluid embolus.

Uterine overstimulation can usually be managed quite effectively. But you have to identify the problem and remove Pitocin if you believe it may be causing the problem.

Uteroplacental perfusion is a decreased flow of fluid to and from the placenta. Like placental abruption, any compromise in the integrity of the placenta’s connection to the child can cause a risk of harm.

Increasing the strength, frequency, and duration of the mother’s contractions with Pitocin can impede uterine blood flow. This complication certainly does not necessarily mean that Pitocin should never have been given in the first place.

But when you see tachycardia, bradycardia, decelerations, or other nonreassuring fetal heart rate changes, you have to reconsider whether Pitocin is doing more harm to the child than good.

Placental profusion can also cause arterial hardening. The result can be hypertension that causes pre-eclampsia, which can cause serious injury or death to the baby and the mother.

Placental abruption is when the placenta separates from the wall of the uterus before childbirth. This can deprive the baby of food and oxygen.

Pitocin Related Birth Injury Settlement Payouts and Jury Awards

• 2023, Arizona: $31,550,825 Verdict. A mother-to-be went to the hospital for childbirth on June 1, 2014. She had a normal prenatal period with no problems. During childbirth, the child sustained a brain injury, leading to cerebral palsy. The family filed a birth injury lawsuit, accusing the obstetrician and the nurses of not addressing signs of insufficient blood flow and oxygen to the fetus, using Pitocin during this distress when it is obviously counterindicated, and not performing a necessary c-section in time.
• 2022, Maryland: $13,000,000 Verdict. An infant suffered brain injuries at the Upper Chesapeake Medical Center during the birthing process. His birth injury lawyers contended that the hospital should have initiated a cesarean section instead of putting and keeping the mother on Pitocin after signs of fetal distress.
• 2022, Missouri: $25,400,000 Verdict. A newborn suffered hypoxia. She developed cerebral palsy. The girl’s parents alleged negligence against the physician. They claimed she administered excessive Pitocin doses, improperly supervised a student doctor, and failed to address fetal distress. A jury awarded $25,400,000.
• 2018, Illinois: $50,000,000 Verdict. The story here is familiar. The doctors and hospital staff negligently disregard indications of fetal distress. Instead of performing an emergency C-section, doctors make the situation worse by administering Pitocin to accelerate contractions. The Pitocin increases duress and further restricts the supply of oxygen to the baby. The baby suffers prolonged oxygen deprivation. He is born blue and clinging to life. He is subsequently diagnosed with severe cerebral palsy. This requires full-time medical care and assistance for the rest of his life. The plaintiffs reject a $10 million settlement offer midway through the trial and the jury in Evanston, Illinois (12 miles north of Chicago) awards the plaintiffs $50 million. The damage award included $3 million for lost earnings capacity, $1.3 million for pain & suffering, $8.5 million for emotional distress, $12 million for future medical expenses, and $20 million for future life impairment.
• 2017, Pennsylvania: $14,448,000 Verdict. The plaintiff goes to the hospital to deliver her son. Defendants use Pitocin to begin her labor despite her already being dilated. This violates the hospital protocol because of the closeness of contractions. Before the delivery, the baby exhibits signs of fetal distress, but there is a delay in delivery. The oxygen lost during that delay changes the course of the child’s life. The boy cannot care for himself and cannot walk, sit up, or talk. It is just an unbelievable tragedy, no matter how you slice it. The jury concludes the doctor and the hospital were responsible for the tragedy and awards $14,448,000.
• 2017, Florida, $33,153,912 Verdict. A newborn suffers a large subdural hematoma (brain bleed between the skull’s periosteum and the scalp’s tissue), leading to hypoxic-ischemic encephalopathy during his birth. As a result, the child needs 24-hour care for the rest of his life. Plaintiff’s birth injury lawsuit alleges that the doctors, who were federal government employees, failed to perform a cesarean section, failed to discontinue Pitocin, and failed to manage the decelerations in fetal monitor strips.
• 2016, Pennsylvania: $1,800,000 Settlement. A mother arrives at the hospital to have her labor induced. She is started on Pitocin. The doses are increased incrementally throughout the morning. After a few hours, she requests an epidural, but her membranes rupture. The Pitocin is stopped, but once the fetal heart tones become reassuring again, it is restarted. Six hours after her membranes rupture, her labor has not progressed at all. The Pitocin is continued, and changes are noted. After two hours of pushing, decreased variability is discovered in the fetus. A C-section becomes necessary. At birth, her infant has a high fever and is breathing rapidly. As a result of the delayed delivery, the baby suffers from neurological injuries and global developmental delays. The mother files the claim against the hospital, alleging negligence in failing to timely perform the C-section and in failing to realize that due to the Pitocin, the mother’s uterus was hyper-stimulated. The defendants deny negligence but agreed to a settlement amount of $1,800,000.
• 2015, New York: $52,681,017 Verdict. During labor, doctors administer Pitocin. After they administer the drug, they fail to monitor the fetal heart rate and fail to respond to symptoms developing in the mother. As a result, the newborn suffers brain damage, cerebral palsy, blindness, global developmental delays, and motor delays. She is unable to live independently. The mother brings a lawsuit for the child and awards $52,681,017.
• 2015, Florida: $18,270,052 Verdict. A mother is giving birth to her son at the hospital when the doctor mismanages her labor. The woman is given excessive doses of Pitocin, leading to a brain injury and cerebral palsy in the infant. The plaintiff is awarded $18,270,052.
• 2015, Illinois: $5,250,000 Settlement. A mother goes to the hospital to give birth to her son. She is given Pitocin, but the hospital fails to detect signs of fetal distress. As a result, her infant is born via an emergency C-section after he suffers from a lack of oxygen and brain damage. The boy’s parents file a claim on his behalf, which settles for $5,250,000.
• 2015, New York: $593,973 Settlement. An infant is born with nerve damage in her spine and Erb’s palsy of her right shoulder when, during her birth, her mother is administered Pitocin when it is not indicated. Additionally, the doctors delay the performance of a C-section. The parties settle the case for $593,973.
• 2014, Kentucky: $18,270,052 Verdict. A mother goes to the hospital to have her baby. While there, she is given excessive doses of Pitocin, resulting in uterine tachysystole (six contractions in ten minutes). The nurses failed to report the fetal heart abnormalities to her OB/GYN, resulting in a delayed medical intervention that would have prevented fetal distress. As a result of the excessive amount of Pitocin that was administered, the infant suffers a permanent brain injury resulting in cerebral palsy due to fetal distress. A jury finds the hospital to be 100% at fault and awards the woman $18,270,052.37.
• 2014, New York: $2,700,000 Settlement. A 19-year-old mother is in labor. Pitocin is ini
  tiated. However, the doctors fail to recognize the signs of fetal distress and, therefore, fail to stop the Pitocin. As a result, the child suffers a lack of oxygen to his brain and neurological injuries. The child later dies at just six years old. The plaintiff argues that Pitocin should have been stopped during the second stage of labor due to excessive uterine activity. The case settles, including a wrongful death claim, before trial for $2,700,000.
• 2013, Pennsylvania: $55,000,000 Verdict. The plaintiff has a slow labor progress despite the administration of Pitocin. Plaintiff argues that the large size of her baby poses a contraindication to a continued administration of Pitocin. Fetal monitoring shows concerning signs of fetal distress, but the labor is allowed to continue. The baby is born limp, blue, and is not breathing. He suffers a lack of oxygen before birth, causing cerebral palsy. Plaintiff argues a series of errors, including the failure to recognize fetal hypoxia and the failure to discontinue Pitocin when signs of strong contractions became apparent. A jury finds the OB/GYN was 50% negligent and the hospital was 50% negligent. They award the plaintiff $55,000,000.
• 2013, Oklahoma: $20,000 Settlement. The plaintiff receives prenatal and delivery services from an OB/GYN at the defendant’s office. A week before delivery, an ultrasound is done that estimates her fetus to weigh seven pounds and four ounces. While inducing delivery with Pitocin, the infant experiences shoulder dystocia. The doctors use force to combat this, which causes severe brachial plexus. The infant is left with permanent left shoulder and arm injuries requiring two surgeries. The plaintiff claims that the defendants were negligent in misinforming the doctors of the size of the infant and improperly proceeding with a vaginal delivery. Additionally, they argue that the defendants should have never used Pitocin to induce the woman’s delivery. The parties settled for $20,000.
• 2012, Illinois: $12,000,000 Settlement. A woman is admitted to the hospital for labor and delivery. Defendant OB/GYN orders Pitocin to induce labor but fails to perform a Cesarean section when the baby exhibits signs of distress. The woman brings a complaint against the hospital, alleging the failure to monitor her labor, failure to recognize the fetus was in distress, and negligent administration of Pitocin during labor. The parties settle the case for $12,000,000.
• 2012, Ohio: $8,583,000 Verdict. Defendants administer Pitocin to a mother to induce her labor. This creates a stressful utero environment, causing significant stress to the infant. The infant is delivered in a floppy state and fails to receive adequate ventilation and oxygen immediately after her birth. She suffers a loss of oxygen, sequelae of right central seizure activity due to cerebral palsy, spastic quadriplegia, cortical visual impairment, and respiratory distress syndrome. The defendants dispute the claim, denying the improper administration of Pitocin. A jury awards the plaintiff $8,583,000.