The baby was delivered on December 22, 2013, after hours of recurrent late decelerations, negligent use of Pitocin, and fetal tachycardia.

At the time of delivery, the baby was limp, cyanotic, and with no respiratory effort., The blood gases were recorded in the medical records before the baby was born, causing doubt about their authenticity. A neurological exam, performed at one hour of life by a resident, incorrectly ruled out the use of therapeutic hypothermia, a brain cell-saving treatment that this child desperately needed.

The child went on to have documented seizures at seven hours of life, but by then the neonatal team deemed it too late to receive therapeutic hypothermia. A few of the main issues in this case were: 1) negligent use of Pitocin 2) chain of custody of blood sample, and 3) criteria for therapeutic hypothermia.

The child has the following diagnoses: cerebral palsy, hypoxic-ischemic encephalopathy, seizures, global developmental delays, excessive drooling, microcephaly, left-sided weakness, and cannot speak.