The Grow case, filed in Cincinnati, involved a newborn who sustained significant neurological injuries due to prolonged exposure to excessive intrauterine pressure during labor. The case had previously been declined by multiple attorneys and carried a pre-trial settlement offer of only several hundred thousand dollars.
A detailed review of the fetal monitor tracings revealed that aggressive and prolonged administration of Pitocin resulted in abnormally elevated uterine pressure and resting tone. This hyperstimulation compromised placental blood flow and contributed to fetal distress. Compounding the issue was the failure to perform timely and adequate vaginal examinations, which would have revealed poor fetal descent and lack of proper rotation of the baby’s head. Despite these concerning indicators, an ill-advised attempt was made to deliver the baby using vacuum extraction and forceps.
To illustrate the consequences of the uterine hyperstimulation, the legal team developed a vivid, color-coded exhibit for use during cross-examination of the attending physician. This demonstrative evidence effectively conveyed the relentless and dangerous intrauterine pressure experienced by the fetus.
Further investigation revealed discrepancies between the baby’s recorded Apgar scores and the documented clinical condition in the newborn records, raising additional concerns about the accuracy and integrity of post-delivery documentation.
The jury returned a $22.6 million verdict—at the time, the largest medical malpractice verdict in Cincinnati history.