In 2021 and 2022, Garau Germano attorneys Barbara Germano and Jerry Garau secured a $1,462,001 total recovery in a case involving a birth injury following a vacuum-assisted delivery. Because of concerning fetal monitor strips, the delivering obstetrician made a decision to hasten delivery through the use of a vacuum extractor. The vacuum was applied but failed to result in the delivery of the baby. Rather than abandon the vacuum and proceed to C-section, as the standard of care required, the obstetrician chose to wait an hour and a half, then apply the vacuum again. As a result of the delay in delivery and head trauma suffered from multiple applications of the vacuum, the baby suffered brain damage and has been diagnosed with cerebral palsy. Garau Germano took the case, alleging the obstetrician was negligent in reapplying the vacuum, and failed to obtain his patient’s informed consent for reapplication of the vacuum. The obstetrician settled the case into the Indiana Patient’s Compensation Fund with a payment of $187,001 in a structure that would pay out $250,000 over time (the obstetrician’s maximum liability under the Indiana Medical Malpractice Act). The Patient’s Compensation Fund settled the claim for the child’s injuries by paying its maximum liability of $1,000,000. Garau Germano also sought recovery under a separate cap for the mother’s emotional distress claim. The Fund argued that its liability was limited to the single $1,000,000 payment it had made for the child’s claim. Garau Germano argued that the mother was an injured patient entitled to recover under her own cap. The Fund ultimately agreed to settle the mother’s claim with an additional payment of $275,000, resulting in a total recovery of $1,462,001.