STIPULATION OF DISCONTINUANCE

On the eve of trial, Max Gaujean & Meghan Cogan secured a Stipulation of Discontinuance with Prejudice in a 27-year-old obstetrical malpractice case involving allegations of mismanagement of shoulder dystocia and neonatal injury. We represented a Board-Certified OB/GYN who was leaving the hospital when he observed fetal monitor alarms indicating a severe fetal bradycardia with heart tones in the 60s and 70s. Recognizing the obstetrical emergency, he immediately intervened. During delivery, the physician encountered a shoulder dystocia complicated by a single nuchal cord. Acting promptly and in accordance with accepted obstetrical standards, he employed the McRoberts maneuver and the Wood’s Corkscrew maneuver to safely relieve the dystocia and deliver the infant. The child was diagnosed with a mild Erb’s palsy; however, the condition did not interfere with academic performance, daily activities, or functional development.

After extensive discovery and trial preparation, and immediately prior to jury selection, plaintiff discontinued the action with prejudice.

 Result: Case discontinued with prejudice. No payment.

Max Gaujean

Meghan Cogan