MEDICAL MALPRACTICE

US DISTRICT COURT, MIAMI

The parents of a boy who died 14 months after being born with hypoxic ischemic encephalopathy received a mediated settlement of $1.25 million from the U.S. government in a medical malpractice case.

The parents alleged an obstetrician at a federally supported health center mismanaged Dayami Hernandez's labor, resulting in a uterine rupture. More specifically, they alleged the doctor left the hospital after administering Pitocin and returned late to perform an emergency C-section after being notified of fetal distress.

The doctor denied any delay in returning to the hospital, and the defense contended there was nothing the doctor could have done to prevent the baby's brain damage.

Case: Hernandez v. United States

Case No.: 1:18-cv-20579

Plaintiffs attorneys: Richard Sharp and Vidian Mallard, Mallard & Sharp, Miami, and Freddy Funes and Gerald Greenberg, Gelber Schachter & Greenberg, Miami

Defense attorneys: Lawrence Rosen, Miami, and Charles S. White, U.S. Attorney's Office, Fort Lauderdale