$12M settlement; Delayed delivery at Army medical center causes catastrophic birth injuries

Action: Medical malpractice

Injuries alleged: Hypoxic-ischemic encephalopathy, cerebral palsy, and global developmental delays

Case name: Minor child v. United States of America

Court: U.S. District Court for the Eastern District of North Carolina, Western Division

Jury and/or judge: N/A (mediated)

Mediator: Donald H. Beskind of Durham

Amount: $12 million

Date: March 2026

Attorneys: Wade E. Byrd of Law Offices of Wade E. Byrd in Fayetteville, David F. Kirby of Edwards Kirby in Raleigh, and Quinn O’Neill and Timothy C. Parlatore of Parlatore Law Group in New York (for the plaintiff)

The minor plaintiff’s mother presented to Womack Army Medical Center in June 2020 for induction of labor at over 40 weeks’ gestation. During a prolonged labor, electronic fetal monitoring reflected concerning signs of fetal distress, including recurrent late decelerations and eventually loss of variability. Despite these ominous findings, aggressive Pitocin augmentation continued, and a C-section was never performed.

The infant was ultimately delivered vaginally with vacuum assistance in a critically compromised condition, requiring immediate intubation at birth. Due to the delay in delivery, the infant sustained severe hypoxic-ischemic encephalopathy (HIE) and was transferred by helicopter to a higher-acuity hospital for therapeutic hypothermia to preserve brain function. He has since been diagnosed with HIE, seizure disorder, cerebral palsy, and global developmental delays.

The United States failed to offer a defense as to negligence and proximate cause. The issues of damages, especially regarding life expectancy and cost of future care, were, however, vigorously contested throughout the litigation. Following extensive discovery, including numerous depositions, and multiple mediated settlement conferences, the case ultimately resolved prior to trial.