Jury sides with baby’s family

By Robb Murray
The Free Press

MANKATO September 20, 2008 12:10 am

— A jury has awarded nearly $1 million to the family of a baby injured during delivery five years ago by a Mankato Clinic doctor.
Jurors finished deliberating Friday afternoon and determined the clinic and obstetrician Carla Goerish were negligent by not recognizing the fetus was so large it should have been delivered by Caesarean section.
As a result, Ashley Sheldon, who weighed more than 10 pounds at birth, suffered injuries that will affect her for the rest of her life, the family’s lawyer said.
“This was a horrific injury,” said Michael Djordjevich, the attorney representing Scott and Andrea Sheldon.
The jury’s unanimous award totaled $975,501. The jury awarded $118,001 for past medical expenses, $137,500 for bodily and mental harm, $420,000 for future damages and mental harm, and $300,000 for loss of future earning capacity.
“We actually asked for a little bit more, but we’re happy with the verdict,” Djordjevich said. “The jury listened to the evidence and came back with the proper verdict. The Sheldons are gratified with the jury’s decision.”
Dave Alsop, an attorney representing the clinic and Goerish, did not immediately return phone calls to The Free Press.
During the baby’s delivery, her shoulder was injured. The injury, her lawyers argued, will cause lifelong limitations and significantly reduce future earnings.
Alsop had argued Goerish took reasonable precautions. He’d also said the family’s contention that Goerish, who successfully delivers hundreds of babies annually, did virtually everything wrong that night is unreasonable.
Alsop said the size of a fetus can’t be easily determined and that a C-section brings with it significant complication risks.
Djordjevich had shown jurors a radiology report that said measurements of the fetus were “suggestive of a macrosomic fetus.” Macrosomia is a medical term describing a fetus or newborn of excessive weight. He said accepted, published medical standards suggest a C-section be done with macrosomic fetuses.
Djordjevich also showed notes made by Goerish prior to the delivery in which she suggested she would order a C-section if the labor did not progress well. Djordjevich, using charts of the progression of the labor, said Goerish failed to follow her own plans by not ordering a C-section when the labor did not progress as quickly as it should have.
Andrea and Scott Sheldon also testified they had requested a C-section be done because of the baby’s size and because of other risk factors in the pregnancy, but that Goerish disagreed. Goerish testified the Sheldons never requested a C-section.
Finally, the family argued the damage to the baby’s arm occurred because Goerish pulled the baby’s head too hard, a claim Goerish denied.