This case was brought in Corpus Christi against a Catholic hospital on behalf of the family of a newborn who sustained serious birth injuries resulting from oxygen deprivation caused by a uterine rupture. Max Freeman served as co-counsel for the plaintiffs. The matter proceeded to trial and resulted in a multimillion-dollar verdict in favor of the plaintiffs.
A pivotal piece of evidence in the case was a video recording taken by a family member during labor, which directly contradicted entries made by the nursing staff in the official medical record. The footage revealed signs of fetal distress and clinical issues that were not documented, suggesting a deliberate attempt to conceal problems during labor by the attending nurses and physician.
During the trial, the court unexpectedly allowed a previously undisclosed witness to testify for the defense, claiming the video had been tampered with. The witness had not been designated adequately during discovery and should not have been permitted to testify under standard evidentiary rules. As a compromise, the court granted the plaintiffs two days to present rebuttal testimony.
The plaintiffs retained a nationally recognized expert in video authentication—an individual who had previously worked with the Pentagon to verify the authenticity of tapes attributed to Osama bin Laden. This expert successfully refuted the defense’s claim of video tampering.
In an apparent attempt to influence the jury during closing arguments, the defense filled the courtroom gallery with members of the clergy, including nuns and priests associated with the Catholic hospital.