University of Iowa settles baby delivery lawsuit for $2M

IOWA CITY — The University of Iowa has agreed to pay a Johnson County family $2 million to settle a lawsuit involving accusations of negligence in the 2009 delivery of their son, who “showed signs immediately of injury to his right arm” and has failed to regain full mobility.

Since the child, now 14 years old, was diagnosed as an infant with Erb’s palsy — a muscle weakness of the arm or shoulder commonly caused by injury in child birth — he’s undergone 30 procedures over three surgeries spanning four years, according to a notice of the settlement put before the State Appeal Board for approval Tuesday.

He’s regained 50 percent mobility in his right arm, and “is on honor rolls and leads an active student life including sports,” according to the notice.

But, based on expert opinions, “significant standard of care and causation exposure existed for trial,” which was set for April 2. Additionally, expert testimony existed on his “diminished earning capacity” up to $2.6 million and $615,000 for future needs, according to Deputy Attorney General Stan Thompson.

“Pain and suffering and loss of function were areas where a significant award could be made,” Thompson wrote.

Given a revised self-insurance agreement the state made with UI Health Care in August upped the amount UI Physicians pay per claim from $5 million to $6 million and the amount it pays per year from $9 million to $15 million, “No amount of this settlement will come from the general fund,” Thompson told the state board.

The allegations

The lawsuit, filed in October 2021, reported a complicated vaginal delivery at UIHC on Dec. 5, 2009 involving “shoulder dystocia,” when an infant’s shoulder gets stuck. He subsequently went to the Mayo Clinic in April 2010 for “remedial surgeries” and also received care at Texas Nerve & Paralysis Institute in Houston.

The family accused UIHC of failing to exercise a standard degree of skill and care; failing to properly deliver a newborn; failing to diagnose his injury; failing to make a timely referral to a specialist; failing to train its employees; and failing to supervise and monitor its employees.

The university denied the allegations and argued the infant’s injuries could have been related to “a preexisting medical condition or subsequently occurring medical condition for which (UIHC) is not responsible.”

The university also argued the family’s “expert witnesses” planned for trial weren’t qualified to testify in the case and should be “barred” from providing testimony — thus ending the case in the university’s favor.

“She will be unable to produce any competent evidence” to show medical negligence, according to the UIHC argument for summary judgment in its favor — a judgment it didn’t receive before the two sides reached a settlement.

ISU police chase payback

The State Appeal Board on Tuesday also was asked to approve paying $5,744 to a motorist hit by a former Iowa State University police officer in October during a car chase the officer was advised not to join, according to a tort claim and administrative law judge decision.

The uninvolved driver’s vehicle was more than halfway through the intersection of Oakland Street and Highland Avenue in Ames when the former ISU officer — still involved in the multi-agency pursuit — failed to stop at a stop sign and hit the vehicle in the intersection.

The officer hit the passenger rear corner of the other car “with such force the claimant’s vehicle left the roadway continuing west until striking an apartment building,” according to the claim.

The state is paying for the 2006 Ford Windstar — which was valued at $3,225 and deemed a total loss — plus the $841 for towing and $1,678 needed to rent another car.

“ISU police did not yield to claimant who had legally entered the intersection and was over halfway through the intersection at the point of impact.”

The officer was subsequently fired and ordered to return $2,328 in unemployment benefits she accrued.

Vanessa Miller covers higher education for The Gazette.

Comments: (319) 339-3158; vanessa.miller@thegazette.com