Failure to perform timely cesarean delivery claimed

A New Jersey woman gave birth to an infant by cesarean delivery in May 2004. The child had neonatal encephalopathy and subsequently was diagnosed with cerebral palsy.

The physician claimed that the cesarean delivery had been ordered at the proper time and that the child's injuries were not because of a lack of oxygen but because of prolonged exposure to maternal chorioamnionitis. In addition, the nurse maintained that the doctor had monitored the labor and that it was not her job to circumvent the physician.

A settlement for $2.45 million was reached, including $1.85 million against the obstetrician and $600,000 against the nurse.