According to a recent lawsuit filed in the U.S. District Court of Tennessee, defendant health care providers failed to properly handle the delivery of the minor plaintiff, resulting in extended fetal oxygen deprivation and brain injury at birth. Specifically, the complaint alleges that during the mother’s labor and delivery, medical personnel failed recognize and respond to clear signs of declining fetal response, indicating the need for an emergency C-section.
The mother plaintiff gave birth to her first child via Cesarean section, and shortly thereafter she became pregnant again. According to the lawsuit, despite her risk factors, including short stature; previously unsuccessful attempt at vaginal birth; and a brief time between the two pregnancies; the mother plaintiff was advised that she was a good candidate for a vaginal birth after C-section (VBAC).
The mother plaintiff went into labor early, and within the first half hour the EFM strip indicated minimal variability and loss of accelerations (two signs of fetal compromise). According to the lawsuit, rather than being admitted to the Labor & Delivery ward, the fetal monitoring was stopped and the mother plaintiff was advised to walk around the hospital for an hour or so. About two hours later, she was admitted whereupon labor progression was slow and the fetal monitoring continued to show repetitive late decelerations. After several hours, a C-section delivery was ordered.
According to the lawsuit, upon delivery, the infant plaintiff was limp, with bluish-tinged skin and no pulse. He wasn’t breathing and had a high blood acid level indicative of acidosis. The infant plaintiff was sent to the NICU ward, where he spent nearly a month and during which time brain cooling was utilized in attempts to mitigate the damage to the baby’s cells, to no avail. The infant plaintiff was diagnosed with hypoxic ischemic encephalopathy caused by intrapartum asphyxia. He has since been diagnosed with spastic quadriplegic cerebral palsy and suffers serious developmental delays.
The trial lawyers at Bottar Leone, PLLC, have decades of experience investigating, prosecuting and trying to verdict all types of medical malpractice cases including babies injured following a complicated labor and delivery. If your child has been diagnosed with a disability, you and/or your family may be entitled to compensation. To discuss your case or concerns with an experienced Central New York medical malpractice lawyer, contact Bottar Leone, PLLC.