Articles Posted in Birth Injury

Kimberly Williams went into labor at 20 weeks’ gestation. Full-term gestation is generally 39 weeks. She was admitted to Sinai Grace Hospital where she delivered a stillborn boy at the facility’s labor and delivery unit.

Later, Williams requested a repeat ultrasound. The treating obstetrician, Dr. Charlene Williams, declined to order the test and instead gave Cytotec to deliver the placenta.

The use of Cytotec is used to reduce the risk of stomach ulcers caused by nonsteroidal anti-inflammatory drugs for pregnant women. Significantly, Cytotec may cause abortion, premature birth or birth defects if taken during a pregnancy.
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Baby Doe, 6 months, had an appointment with a physician at the Roe Family Physician office where the baby’s parents were concerned over asymmetrical folds in the baby’s right thigh and buttocks. The family practice physician misdiagnosed Baby Doe and said that all was well.

Six months later, another physician, a specialist, examined Baby Doe who had by then begun walking with a limp. The child was diagnosed as having a right hip dysplasia, which required hip surgery, including a femoral shortening.

The Doe family, on behalf of the child, sued Dr. Roe and her medical practice alleging that she chose not to diagnose a congenital hip problem. The defendants asserted that the baby’s problem was developmental, not congenital and was therefore not diagnosable at an earlier stage.
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The United States will pay $5 million in a settlement to resolve a medical malpractice lawsuit alleging that physicians at a Florida naval hospital chose not to order a cesarean section despite signs and symptoms of fetal distress. As it turned out, the fetal distress caused the baby’s permanent brain damage.

Jenifer and Sean Mochocki, a U.S. Air Force officer, reached a settlement with the federal government in this Federal Tort Claims Act case and asked the federal district court judge to approve the settlement and the medical malpractice lawsuit. The suit alleged that three Naval Hospital Jacksonville physicians chose not to order a cesarean section procedure in the face of adverse fetal heart tracing, which resulted in the Mochocki baby’s hypoxic ischemic encephalopathy (HIE), which is a permanent brain injury related to oxygen deprivation.

The settlement is partially structured in that the Mochocki family will receive $1,590,000 and approximately $3 million will be used to purchase an annuity that will allow for monthly payments of approximately $7,600 for the baby’s life. An additional payment of $4,500 will be made per month when the child reaches the age of 18 until the end of life.
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Rebecca Kerrins, the mother of now 5-year-old Drew Kerrins, sued Palos Community Hospital, Dr. Thomas Myers and Renaissance Medical Group alleging that Dr. Myers chose not to make himself available to take care of Drew’s emergency soon after the baby was delivered.

After a bench trial, a Cook County judge entered a judgment for more than $23 million to the family of Drew Kerrins because of the delay in providing a blood transfusion, which led to the child’s development of cerebral palsy and other cognitive injuries.

Rebecca Kerrins was admitted to Palos Community Hospital to deliver her baby in June 2011. Unfortunately, her placenta separated from her uterine wall at the time of delivery, which caused the baby to lose as much as half of her blood by the time she was delivered.
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At the moment of birth, the most objective method of assessing a newborn’s metabolic condition is by analyzing umbilical cord blood gas. To be specific, arterial cord pH and base deficit can determine perinatal hypoxia and be an insight into causes of fetal distress.

Umbilical cord blood gases are most likely interpreted in situations of high risk pregnancies when there are abnormal fetal heart rate patterns, when there is an intrapartum fever, emergent C-section for a fetal compromised, low Apgar scores (less than 3) or when there are multiple fetal births.

There are three most common causes of neonates hypoxia or asphyxia, which are when the mother is oxygen compromised, when there is preeclampsia, chronic hypertension, hypotension, hypovolemia or cyanotic heart disease. Another type of condition that causes hypoxia or asphyxia is when the oxygen flow from the placenta to the fetus is obstructed or impaired. This could be caused by a placental abruption, a cord prolapse, or repetitive cord blockage.
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A federal district court judge in Harrisburg, Penn., has entered a judgment for $42 million to the parents of a Pennsylvania boy left disabled because of brain injuries. In the federal lawsuit, it was alleged that the brain injury was caused by a doctor who used forceps during the delivery process of the child.

The judgment came after a six-day trial in September on claims by a Chambersburg, Penn., couple, Christiana Late and Nathan Armolt. Their 5-year-old son, identified only as D.A. in court documents, understands language but cannot speak, read or write.  He will eventually have to use a motorized wheelchair in order to move about.

The family sued the federal government for errors allegedly made by an obstetrician for Keystone Women’s Health Center, a federally supported facility. Dr. Thomas Orndorf, who was not sued, delivered the child Feb. 21, 2012, at Chambersburg Hospital. Under the law, when a federally financed clinic has been alleged to be negligent causing injury to a patient, the remedy is a claim against the United States under the Federal Torts Claim Act.
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According to the World Health Organization (WHO), the United States maternal mortality ratio has increased between 1990 and 2013 by 136%. Between 2003 and 2013, there were 7,210 maternal deaths in the U.S., according to the Center for Disease Control’s (CDC) database. The rise in maternal deaths is stunning compared to the rest of the world where the maternal mortality rates have decreased by 45% between 1990 and 2013. Compared to other developed regions of the world, the U.S. is lagging far behind in this area. In developed regions of the world, the maternal mortality ratio was down 38%.

Furthermore, neonatal deaths between 2003 and 2013 numbered 277,886 in the U.S. That number of neonatal deaths compared to Sweden, Iceland and the United Kingdom was significantly higher. The birth trauma injuries for neonates for the year 2004, for example, were 1.1-7.5/1,000 births.

Also alarming is the fact that in the U.S., the likelihood of maternal death in high-poverty areas of the country are twice as high as other areas. The maternal mortality rates per 100,000 live births by race or ethnicity was highest among non-Hispanic black women. The next highest, which was less than half, were of American Indians/Alaska native Americans. In short, African-American women are three times more likely to die from pregnancy-related causes than white women.

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Vonshelle Brothers received her prenatal care, including a Pap smear, at the Brevard County Health Department. A cytopathologist allegedly interpreted the Pap smear as having cellular changes consistent with the herpes simplex virus. However, a health department nurse reported that the test was normal. Her obstetrician did not look at the actual Pap smear and Brothers was not notified of the cytopathologist’s findings.

About seven months later, Brothers delivered her baby vaginally. Two weeks later the child was diagnosed with herpetic meningoencephalitis, which led to profound brain damage. This child is now 6 years old. She has developmental delays, speech and vision problems and difficulty walking.

Brothers filed a lawsuit against the health department alleging that its employees chose not to diagnose the herpes simplex virus and prevent Brothers from transmitting the virus to her unborn child by performing a Cesarean section. There were other allegations of preventative medical attention that could have prevented and avoided the predictable outcome. Before trial, the parties settled the case for $3.2 million.
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In this medical malpractice case, an appeal was taken by the plaintiff after a jury verdict was entered in favor of the defendant, Mercy Hospitals East, claiming that the trial court abused its discretion. The claim was made that the court chose not to strike for cause a venireperson after she expressed during voir dire a disqualifying bias in favor of Mercy. She stated that she would “start off slightly in favor” of Mercy in this case because her sister was a registered nurse at another Mercy facility.

Since this venireperson served on the jury in this case, the appellate court reversed and remanded for a new trial because the appeals panel found that the venireperson’s stated bias disqualified her from jury service on this case and she was not subsequently rehabilitated.

The original lawsuit stemmed from allegations that the hospital providers were negligent in connection with the Cesarean-section delivery of Thaddeus Thomas, resulting in brain damage to the newborn. The case proceeded to trial on March 16, 2015 and a jury returned a verdict for Mercy Hospital on March 26, 2015. The only issue on appeal was asserted that the trial court committed reversible error when it denied the plaintiffs’ motion to strike the venireperson for cause, who was later seated as a juror and took part in the verdict in this case.
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In August 2015, the plaintiffs, Kristopher Crim and Teri Crim, acting on behalf of their biological son, Collin Crim, filed a medical malpractice lawsuit against the defendant physician, Dr. Gina Dietrich, claiming that she chose not to comply with the standard of care applicable to an obstetrician. The Crims claimed that Dr. Dietrich’s negligent failure to obtain Teri’s informed consent prior to Collin’s natural birth resulted in a fracture to Collin’s right clavicle and nerve damage that extended down his right side to his shoulder, wrist, hand and fingers.

Following the presentation of the Crims’ case to the jury, Dr. Dietrich moved for a partially directed verdict on the issue of informed consent, which was granted by the trial judge. After additional evidence and argument, the jury returned a verdict in Dr. Dietrich’s favor and against the Crims on their remaining claim.

The Crims had sought expenses under Section 15 of the Rights of Married Persons Act (750 ILCS 65/15 (2014)). The court later imposed costs on the Crims as permitted by Section 5-109 of the Code of Civil Procedure, 735 ILCS 5/5-109. The Crims appealed, arguing that the trial judge erred by (1) granting Dr. Dietrich a directed verdict on the issue of informed consent; and (2) barring certain medical testimony. As the appeals panel pointed out, because they agreed with the Crims’ first argument on the directed verdict on informed consent, the trial court’s decisions were reversed.
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