Colorado Medical Malpractice Suit Against Nurses Settled

Undocumented immigrant receives $700,000 in medical malpractice suit settlement

The Colorado Springs, city-owned Memorial Health System settled a lawsuit filed by an undocumented immigrant from Mexico who claimed her baby suffered severe brain injuries during delivery four years ago.  The now four-year-old is a spastic quadriplegic who cannot stand, sit or walk, and has the intellectual level of a six-month-old.

The city paid $700,000 to the child because the care provided by the Memorial nurses and the doctor “fell below the standard of care” by failing to properly interpret fetal heart monitoring strips that showed the baby in distress during labor, having the mother hold her breath which further depleted the oxygen going to the baby and delivering the baby vaginally rather than performing a cesarean section.

The lawsuit only covered the negligence by the nurses.  The doctor is employed by Peak Vista Community Health Centers which is a Federally Qualified Health Center.  As such, the lawsuit against the doctor will be handled through federal court.  A trial date has not yet been scheduled, and the U.S. Attorney’s Office, which is defending the federal government, has requested a settlement offer.

If you or a loved one have been harmed by medical malpractice, you may have a medical malpractice claim.  Our attorneys at Munley, Munley & Cartwright are experienced and successful medical malpractice litigators and we fight to protect the rights of patients.  Contact us by filling out our free Claim Evaluation Form.