Stacy Maxberry attempted a vaginal birth after a Cesarean section birth. This is often referred to as “V-back.” During the delivery, the fetal monitor showed repetitive decelerations, a dangerous sign for the unborn child. The obstetrician in charge of the birth was Dr. Matthew Whitted, who was contacted about the repetitive decelerations showing on the fetal monitor. However, Dr. Whitted did not come to the hospital to look at the fetal monitoring strips. Maxberry was told to continue pushing.
When the fetal heart rate patterns worsened, Dr. Whitted was called again. This time he ordered a Cesarean section, which was done 30 minutes later. Stacy Maxberry’s son was stillborn.
She sued Dr. Whitted claiming that he chose not to call for a timely Cesarean section after the first phone call and chose not to evaluate the fetal monitoring strips more closely. In the hour between the first and second telephone call to Dr. Whitted, Maxberry argued that her unborn baby suffered a fatal hypoxic event. The jury agreed and entered its verdict in favor of Stacy Maxberry for the wrongful death of her unborn child at $1.5 million.
The attorneys representing Stacy Maxberry were Charles J. Zauzig, Melissa G. Ray and Alexandra Busch.
At trial plaintiff’s counsel engaged the expert testimony of an obstetrician and a pathologist. The defendants offered up two obstetricians as expert witnesses.
Maxberry v. Whitted, No. CL-2013-000636-00 (Va. Cir. Ct. Chesapeake County, March 4, 2015).
Kreisman Law Offices has been handling birth trauma injury cases, birth injury and wrongful death cases for individuals and families whose child or children have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Chicago Ridge, Palos Hills, Burr Ridge, Willowbrook, Mundelein, Lemont, New Lenox, Chicago (Canaryville, Buena Park, North Park, Chinatown, Garfield Park, Jefferson Park, Kenwood, Wrigleyville, Lincoln Square, Back of the Yards), Joliet, Fox River Grove and Evergreen Park, Ill.
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