On February 21, 2015 John Alton settled a brain damaged baby case for $2.85 million. The case was unusual in that the baby was normal for the first 12 hours after birth. Then the parents noted that he was not moving much. When the parents told a nurse about their concerns, the response was that nothing was wrong. No one contacted a doctor.
A few hours later the baby was cool to the touch and dusky. His pulse oxygen was 27%. After transfer to the NICU he was unresponsive with abnormal muscle tone. This baby was born in a normal state of good health, had begun to experience chronic hypoxemia which caused his lack of activity. Defense experts agreed that the baby should have been examined earlier, but the nurse insisted that the baby was normal all day.