State of Wisconsin, Dane County, Circuit Court

In January 2025, Attorneys Mark Budzinski and Katherine Cortesy, successfully secured a unanimous defense verdict in a case against an obstetrician-gynecologist and a large hospital system. The case had been pending for nearly five years and had potential to be the largest civil jury award in state history.

The plaintiff presented to the hospital in active labor and over a week past her due date. She had previously delivered via cesarean section but wanted to try delivering vaginally. While she was pushing, a large hematoma developed that made vaginal delivery impossible and the decision was made to proceed with a cesarean section. When the doctor performed the cesarean, she discovered that the plaintiff's uterus had ruptured. The baby was born with significant neurological injuries. 

During the three-week trial, plaintiff argued that the physician and the nurses were negligent for failing to identify the risk of impending uterine rupture and for not delivering the child sooner, before he sustained any brain injury. The plaintiff's obstetrical expert asserted that the defendant physician should have informed the patient of the potential risks of continuing with vaginal delivery and advocated for a cesarean section. This expert does not manage labors for women who are attempting a vaginal birth after a cesarean and had never cared for a patient in the plaintiff's position.

The defense successfully demonstrated to the jury that there was no indication for cesarean section prior to the hematoma, and the standard of care did not require the defendants to get the plaintiff to agree to the procedure when trial of labor continued to be a reasonable option. The defense also presented experts at the forefront of research and clinical practice who explained that the injury occurred many hours before the plaintiff arrived at the hospital. The jury deliberated for less than three hours before returning a unanimous defense verdict for the physician and the hospital.