Silva v. Women's Specialists of New Mexico, et al., Second Judicial District, cause no. CIV 2003-06197.

Little Moses is a beautiful and loving child. But, he will never be a "normal" child because the physician and nurse who were charged with overseeing his delivery ignored warning signs that his brain was deprived of oxygen. Because the doctor and nurse midwife ignored his distress signs – cries for help – he will have cerebral palsy and severe brain damage for the rest of his life. At the age of five, Moses functioned as a 1-year-old. He couldn't talk; he couldn't speak; he could not feed himself or drink out of a cup; he couldn't even pick up a ball. The right side of his body is clenched and essentially unusable and he'll be on anti-seizure medication for the rest of his life. Because his parents had the courage to bring a lawsuit, Moses will have the special education and medical treatment he will need to develop and progress as much as he possibly can.

Past successes cannot be an assurance of future success because each case must be decided on its own merits.