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Medical Verdicts

Failure to place cerclage blamed for brain damage

December 2003 · Vol. 15, No. 12
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<court>Undisclosed County (Mass) Superior Court</court>

Due to an incompetent cervix, a woman gave birth at 25 weeks’ gestation to a baby girl. The child suffered severe brain damage as a result of her prematurity.

In suing, the mother claimed that the Ob/Gyn failed to recommend cervical cerclage despite the fact that the woman had a prior fetal loss due to an incompetent cervix, as well as a previous successful pregnancy with the placement of a prophylactic cerclage. The woman maintained that her child’s injuries would have been avoided had a cerclage been utilized.

The Ob/Gyn contended that the patient’s medical history as described was not consistent with an incompetent cervix. The physician maintained that treatment as provided fell within the standard of care.

  • The case settled for $2.6 million.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

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