Confidential 7-figure Settlement Involving Complex Birth Injury Case

Case Name: WP v Two Radiology Defendants

Court: San Diego Superior Court

Final Result: Confidential

Result Date: May 2023



The defendants failed to detect a congenital diaphragmatic hernia during both the 20- and 38-week prenatal ultrasounds. As a result, the plaintiff was born with this condition, unbeknownst to the delivery team at Scripps Hospital Encinitas. Shortly after birth, the infant experienced rapid deterioration, leading to hypoxic brain injury and necessitating the use of “ECMO” (extracorporeal membrane oxygenation). This unfortunate series of events left the baby with significant brain damage and enduring lifelong neurological deficits and challenges related to feeding and nutrition, requiring g-tube dependence.