Shelly Brenner and Amy Anderson Obtain Not Guilty Verdict in Medical Negligence Case

Shelly Brenner and Amy Anderson tried a medical negligence case June 21-30, 2010, involving the death of a newborn baby one hour after delivery. The mother presented for delivery of her fourth child, and the labor progressed normally until the fetus went into distress late at night and the defendant ob/gyn was called for a C-section, which was performed within 27 minutes. The child had improving APGAR scores, but failed resuscitation and died one hour after delivery. The estate claimed failure to properly assess fetal distress and failure to timely perform a C-section, which should have been called 15 minutes earlier. The defense argued the timing was appropriate and the newborn was delivered within the ACOG “decision-to-incision” time frame guideline. The verdict was a not guilty on behalf of the defendant physician.