The largest medical malpractice verdict in Iowa history was handed down in this birth injury case. Approximately $42.2 million of the $97.4 million compensation was awarded for future medical or custodial care, and the remainder was awarded for loss of future earning capacity, pain and suffering, and other damages.
When Kathleen Kromphardt was admitted to the hospital in labor, her baby’s fetal heart pattern was concerning. This indicated that she may need an emergency cesarean section, but her doctor instead ordered medications to slow down natural labor. While her doctor attended two other births, Baby Scotty’s heart rate continued to deteriorate, yet the nurse did not call for a doctor. When the doctor returned an hour later, Baby Scotty was in terminal brachycardia (meaning his heart rate had dropped dangerously low), and nursing staff were attempting to deliver the baby vaginally. The doctor proceeded to use forceps and a vacuum extractor to forcefully deliver the baby. Scotty was left with a massive skull fracture from the attempted forceps delivery, extensive bleeding on his brain caused by the vacuum delivery, and brain damage from oxygen deprivation (also known as hypoxic ischemic encephalopathy or H.I.E.). As a result of the delay in delivery and the injuries he sustained during delivery, Scotty, now 4 years old, has cerebral palsy, developmental delay, mixed expressive-receptive language disorder, ischemic brain injury, and H.I.E. He will require 24-hour care for the rest of his life.
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