Defendants claim injuries came from herpes during pregnancy; case settles
Plaintiff next friend and mother, on behalf of plaintiff minor, sought compensatory damages from defendants’ hospital, doctors, and hospital residents on claims of birth trauma and medical malpractice.
Plaintiff mother treated prenatally with a hospital clinic, where she received full prenatal care and was a compliant patient. Ultrasounds showed two different gestational ages for the child one week apart, and one was signed and consistent with the last missed period.
At 25 weeks, the mother was diagnosed with genital herpes and received medication for treatment. At 29 weeks, the mother was diagnosed with gestational diabetes, which was treated with dietary restrictions. At 38 weeks, plaintiff reported scabies contact, presenting to a prenatal care appointment with a rash on her abdomen, hands and feet.
Because of the mother’s gestational diabetes, the resident testified that the plan was to induce labor between 39 and 40 weeks gestation. Plaintiff alleged that the doctors didn’t address the two different ultrasound ages when considering when to deliver.
Plaintiff alleged the fetus wasn’t able to tolerate labor and the mother needed a C-section. Meconium was present when the membranes ruptured, suggesting fetal distress. Nonreassuring heart tones were present near the end of labor. The fetal heart monitor showed the baby wasn’t doing well, and an emergency C-section was finally performed.
The baby was born with a low heart rate, wasn’t breathing at 1 minute of age, and needed to be resuscitated. At five minutes of age, she was doing much better. She had normal activity for the first four hours after birth. She experienced seizure activity at four hours of life.
Umbilical cord blood gases were in the normal range, and head imaging was abnormal and consistent with herpes infection or hypoxic ischemic event. Plaintiff minor was later diagnosed with cerebral palsy, speech deficits, and motor deficits.
Plaintiff asserted that the standard of practice required delivery for a mother with gestational diabetes between 39 and 40 weeks gestation. Further, plaintiff asserted that the fetal monitor tracing from plaintiff’s labor showed nonreassuring fetal heart tones and excessive uterine stimulation, which required earlier delivery of plaintiff minor.
In addition, it was argued that the resident managing the labor failed to warn the attending doctor that the baby was in distress, and thus a C-section was not timely performed. This delay caused a lack of oxygen to the baby’s brain and led to brain damage.
Defendants’ position was that plaintiff minor, although slightly depressed at birth, was fine by five minutes of age, had normal umbilical cord gasses and normal neurological findings during the first four hours of life, demonstrating a pre-existing injury and absence of a hypoxic ischemic event during labor.
In addition, it was argued that the normal cord gasses showed that the baby has not suffered hypoxic ischemic event in the birthing process. Defendants also claimed the baby’s injuries were the result of infection, as evidenced by the diagnosed herpes infection, the severe rash near the end of the pregnancy, and the head imaging which was consistent with a viral infection and not hypoxic ischemic event.
Type of action: Birth trauma, medical malpractice
Type of injuries: Cerebral palsy, cognitive deficits
Name of case: Confidential
Court/Case no./Date: Confidential; confidential; Aug. 1, 2013
Are you in need of a birth injury medical malpractice lawyer?
Click to download our birth injury quick reference guide.
No comments:
Post a Comment