Articles Posted in Brain Injury

The mother, Doe, age 38, was 30 weeks into her pregnancy and considered in a high-risk pregnancy when she was admitted to the Roe Hospital due to preeclampsia. Several days later, during overnight hours, the fetal monitor showed severe late deceleration of her unborn baby, which continued for two hours. Despite orders for a STAT Caesarean section, the procedure was not performed until 90 minutes later.

Ms. Doe’s anesthesia wore off prematurely following the delivery. When the attending anesthesiologist attempted to intubate Doe, her abdomen filled with air. Doe subsequently coded and suffered profound brain damage. Ms. Doe lived in an institutional setting until she died almost six years later. She is survived by her husband and the baby who was delivered at that time and also suffered brain damage.

Ms. Doe’s sister, on behalf of her estate, her husband and her injured child, filed a lawsuit against the hospital and anesthesiologist claiming improper handling of fetal distress, late performance of the Cesarean section and negligent intubation.
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Vashti Daisley went to a hospital complaining of a lack of fetal movement during the late stages of her pregnancy. Dr. Donna Kasello, an obstetrician, performed a biophysical profile, which resulted in a score of two.

Dr. Kasello consulted a maternal-fetal medicine specialist, Dr. Kimberly Heller, and the patient later underwent a repeat biophysical profile, which resulted in a score of eight. Dr. Kasello discharged Daisley after 30 additional minutes of fetal monitoring.

The next day, Daisley’s treating obstetrician performed an emergency biophysical profile. The results were not reassuring, leading to the delivery of Vashti Daisley’s son by Cesarean section.
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Kara Smalls was delivered by way of a Cesarean section surgery at Ouachita County Medical Center. Two hours after her birth, Kara’s bilirubin level was 5.5, which is an indication of high risk of hyperbilirubinemia.

Hyperbilirubinemia is a condition in a newborn in which there is too much bilirubin in the blood. When red blood cells break down, a substance known as bilirubin is formed. Babies are not easily able to rid themselves of bilirubin, and it can build up in the blood and other tissues of a baby’s body. The symptoms of hyperbilirubinemia are jaundice, which includes yellow tinged skin and the whites of the eyes, normally starting at the head and spreading down the body. The baby can also run a fever or be fatigued. Other symptoms include weight loss, vomiting and paler than usual stools. Jaundice in a newborn is fairly common, particularly in babies born before 38 weeks gestation or preterm babies.Infant jaundice occurs most times because the baby’s liver isn’t mature enough to rid itself of bilirubin in the bloodstream.

In this case, over the next two days, nurses noted that Kara was mildly jaundiced. Nevertheless, the family physician, Dr. Jonathan Lewis, discharged the baby instructing her mother that everything was normal and that she should follow up with him in ten days.
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T’Miaya Smith’s son, J.H., began having seizures after his birth. A CT scan revealed ischemic injuries to his brain. Ischemic injuries result from the lack of blood flow to the brain causing brain damage. Smith, on behalf of her son, filed a lawsuit against Lauren Braswell, a midwife who provided care to Smith during her labor and delivery. The suit also named Atlanta Women’s Health Group, which was Braswell’s employer.

It was alleged that Braswell was negligent in the management of Smith’s labor and delivery. The defendants filed a motion to exclude the testimony of one of Smith’s expert witnesses. There was also a motion to exclude causation testimony from any of Smith’s expert witnesses and there was a motion for summary judgment. The trial judge granted the defendants’ motions. Smith appealed for the following reasons, but the appellate court affirmed.

Smith appealed to the Georgia Appellate Court to reverse the trial judge’s order excluding the testimony of the maternal-fetal medicine expert. The court stated, “The determination of whether a witness is qualified to render an opinion as an expert is a legal determination for the trial court and will not be disturbed absent a manifest abuse of discretion. The admissibility of expert testimony in civil cases provides:
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An appeal from the Circuit Court of Franklin County, Mo., ended up in the Missouri Supreme Court on the issue of a disqualifying motion of a juror who was alleged to have been biased. This was a medical malpractice lawsuit against Mercy Hospitals.

On March 13, 2013, the plaintiffs, Thaddeus Thomas, a minor, by his next friend and mother, Marlin Thomas, filed a medical negligence lawsuit in connection with the Cesarean section delivery. In the lawsuit, it was claimed that Baby Thaddeus suffered brain damage as a result of the negligence of the hospital’s medical providers before and during the labor and delivery.

During voir dire, jury selection, the Thomas attorney informed the venire panel, “[T]his case involves Mercy Clinics Physicians as the defendant and Mercy Clinic Hospital. Just knowing that they are defendants in this case, is there anyone that feels they might start off the case a little bit more in favor of one party or the other?”
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Marla Dixon was admitted to a hospital in labor. Her obstetrician was Dr. Ata Atogho, a U.S. government employee. Dr. Atogho attended the delivery.

After the heartrate monitor of the fetus showed decelerations and poor variability, a nurse discontinued Pitocin and called Dr. Atogho who arrived sixteen minutes later. Dr. Atogho restarted the Pitocin. Dixon labored for another hour and a half.

Dr. Atogho then used a vacuum extractor to deliver Dixon’s baby son, who was born in a depressed condition with Apgar scores of one at one minute and four at five minutes.
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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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Baby Doe, two months old, underwent an MRI after being taken to a hospital by ambulance. The attending anesthesiologist, Dr. Roe, ordered Propofol to prevent Baby Doe from moving excessively during the test.

While undergoing the MRI, Baby Doe’s oxygen saturation level dropped below 90. The baby suffered respiratory arrest resulting in cardiac arrest. Baby Doe experienced hypoxic-ischemic brain damage. Baby Doe — now 9 years old — is unable to take care of himself or speak.

Following this tragic brain injury, the Doe family sued Dr. Roe and his practice alleging that the anesthesiologist chose not to properly monitor Baby Doe during the MRI. The lawsuit also claimed that an attending technician failed to notify Dr. Roe when he noticed Baby Doe’s decreased oxygen saturation. The court had dismissed the radiology technician as a party defendant on that defendant’s motion. The Doe family is appealing that ruling. Continue reading

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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