Bradycardia and Fetal Distress Malpractice

What level of bradycardia rises to the level of concern that the baby is in distress? This question is litigated in birth injury lawsuits every year.

Generally, a bradycardia more than a minute is of some concern. You start looking at other possible signs of distress. But certainly, a minute long bradycardia is not grounds for panic. But bradycardias that last ten minutes is a major concern.

The other problem with fetal bradycardia is that it is not just a warning sign but a cause of hypoxic-ischemic encephalopathy because it depletes some the oxygen reserves the child has.

Bradycardia and Fetal Monitoring Malpractice

Doctors and hospitals have an obligation to properly monitor for bradycardia and other signs of fetal distress. When fetal distress occurs they are also required to exercise the appropriate skill and care in responding to the situation.

Malpractice claims involving bradycardia are either based on failure to properly monitor or negligence in responding. No one is arguing that bradycardia equals fetal distress.

But a thread running through so many birth injury lawsuits is a child is having significant bradycardia and other symptoms of a fetus in distress and the doctors and nurse failing to act to deal with the possibility that the fetus is suffering from hypoxia.

So there is no question that medical malpractice is a central component in birth injury lawsuits involving bradycardia. Plaintiffs must establish that healthcare providers failed to meet the accepted standard of care—typically, the timely recognition of fetal distress and the proper response to it. The crux of many cases lies in proving that doctors and nurses were negligent in monitoring or responding to fetal bradycardia, such as delaying or mismanaging interventions like a C-section.

Medical experts experts work with medical professionals to show that these failures were preventable and that competent medical care would have avoided the child’s injuries. Malpractice claims hinge on demonstrating that the negligence directly caused the harm, making the providers legally responsible for the resulting damages

Bradycardia Birth Injury Settlement Amounts and Jury Payouts

Compensation in birth injury lawsuits involving bradycardia is determined by the extent and severity of the injuries caused by the oxygen deprivation, not just the presence of bradycardia itself. While fetal bradycardia is a critical warning sign, the focus of these cases is on the resulting harm, such as hypoxic-ischemic encephalopathy, cerebral palsy, developmental delays, or other neurological injuries.

Juries, hospitals, and insurers assess damages based on the medical evidence linking the delayed or improper response to bradycardia with these long-term injuries. Medical experts will testify to these birth injury lawsuits to establish how the failure to act during bradycardia caused the deprivation of oxygen, resulting in the child’s specific condition and impairments.

Compensation calculations generally account for several key categories: the child’s medical expenses, including ongoing treatment, therapy, or specialized care; lost future earnings if the child’s disability limits their ability to work; and non-economic damages like pain, suffering, and loss of quality of life. The largest jury and settlement payouts often result when permanent neurological damage is involved, particularly if the child requires lifelong care.

Ultimately, to avoid a trial in one of our lawyers’ cases, the settlement compensation needs to reflect the child’s long-term needs and the overall impact of the injuries on their life and their family’s well-being.

Below is a summary of verdicts and reported settlements in malpractice cases involving fetal bradycardia. These summaries are for informational purposes only.

• EJ v United States (New York 2024) $8.2 million: Mother was admitted for labor and delivery induction at 40 6/7 weeks gestation. Fetal monitoring strips noted prolonged/late decelerations. An emergency c-section was eventually performed due to fetal bradycardia, CPR and intubation were required. The infant suffered HIE and neurologic damage. The lawsuit alleged that the defendants were negligent in failing to respond to signs of fetal distress and order an emergency C-section.
• CM v NY Presbyterian (New York 2022) $4.5 million: The infant suffered HIE resulting in brain damage from oxygen loss during delivery, leaving him with permanent injuries. The lawsuit alleged that the hospital and doctors were negligent for failing to diagnose and timely respond to fetal bradycardia, especially after administering Pitocin to induce labor. The case was eventually settled with the defendant contributing $3 million to the settlement and the rest covered by the New York State Medical Indemnity Fund.
• Olukanni v Ghazi (Pennsylvania 2021) $1.1 million: The infant died due to hypoxic-ischemic encephalopathy and sublegal hemorrhage during the labor and delivery process. The estate contended the defendant physician was negligent in her delay in response to signs of fetal bradycardia and shoulder dystocia, and failure to perform proper maneuvers to relieve the shoulder dystocia.
• Plaintiffs v HMO (California 2017) $2.1 million: Plaintiffs alleged that doctors and hospital were negligent because they failed to perform an emergency c-section delivery promptly after severe fetal bradycardia was identified during labor. Plaintiff’s claim that the 2-hour delay between the bradycardia and the eventual C-section delivery resulted in hypoxic-ischemic encephalopathy and other birth injuries. The case was settled prior to trial for $2.1 million.
• Martinez v Turner (New Jersey 2016) $1 million: The doctor was accused of negligently responding to sudden fetal bradycardia. When the baby’s heart rate suddenly dropped, the doctor performed a vacuum-assisted delivery. However, the delivery was further complicated by shoulder dystocia. In his rush to deliver in response to the bradycardia the doctor apparently failed to use appropriate skill and care in overcoming the shoulder dystocia. Excessive downward traction allegedly caused a severe brachial plexus injury resulting in significant paralysis of the right arm. The doctor refused consent for his insurance company to settle until the conclusion of the trial at which time the case settled for policy limits of $1,000,000.
• Torres v Scott (New Jersey 2010) $1.1 million: This is another delayed C-section bradycardia case. Approximately 8 hours into labor at the hospital, the baby suddenly experienced severe bradycardia. Instead of immediately performing an emergency c-section, the delivery team attempted an unsuccessful vacuum extraction. The fetal bradycardia got even worse at which point an emergency C-section was performed. The baby was born in a vegetative state with severe brain damage and died a few days later. The hospital and nurse defendants settled prior to trial for $275,000. At the conclusion of the trial, the doctor defendant settled for $900,000.
• Altamimi v Kaiser Foundation Hosp (California 2009) $3.5 million: This case involved claims of negligent failure to monitor for bradycardia. A few hours into labor, the doctors and nurse left the mother unattended in the delivery room for an extended time. There was a remote monitor at the nurse station, but that was also vacant. The nurse returned to find the fetal hear monitor warning of severe bradycardia. An emergency c-section was immediately performed but the baby suffered hypoxic-ischemic encephalopathy. The case was submitted to arbitration and the arbitration panel awarded $3.5 million.

Contact Miller & Zois About Bradycardia and Birth Injuries

If your child was born with birth injuries that may have resulted from a failure to monitor or respond to bradycardia or other signs of fetal distress, the birth injury lawyers at Miller & Zois can help. We can gather your medical records and work with medical experts to investigate your case. You may be able to get financial compensation if a mistake was made. Call our birth injury malpractice lawyers at 800-553-8082 or get a free online consultation.

Recent Research & Studies on Fetal Bradycardia

Lee, Linus LT, Ho Ying Law, and Lin Wai Chan. “Fetal bradycardia and acidosis during maternal parenteral iron: Case reports and literature review.” International Journal of Gynecology & Obstetrics (2024).

Chandraharan, Edwin, et al. “Optimizing the management of acute, prolonged decelerations and fetal bradycardia based on the understanding of fetal pathophysiology.” American Journal of Obstetrics and Gynecology 228.6 (2023): 645-656.

Spires, Benjamin P., and Craig V. Towers. “Fetal bradycardia in response to maternal hypothermia.” Obstetrics & Gynecology 135.6 (2020): 1454-1456.

Additional Information on Birth Injury Malpractice

• This lawsuit involved allegations that the doctors failed to respond to the child’s bradycardia, among other symptoms
• • Shoulder dystocia
  • Placental abruption
  • Herpes encephalitis
  • Caput Succedaneum
  • Intrauterine growth restriction
  • Perinatal Encephalopathy
  • Uterine rupture
  • Placenta previa
  • Hypoglycemia-induced brain injury
  • Brain Bleeding
  • Meconium Aspiration Syndrome
  • Fetal macrosomia
  • ForcepsBirth Injury Malpractice
  • Periventricular Leukomalacia
  • Neonatal stroke