Articles Posted in Labor and Delivery Negligence

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A Cook County jury entered its verdict in favor of the defendant obstetrician, Dr. Cynthia Page, following a trial claiming that the birth of Anthony Ruiz was delayed causing him a lifetime of cognitive deficits.

The family of Anthony Ruiz, a minor, claimed in their Cook County, Ill., lawsuit that a delay in performing a Cesarean section surgery at Elmhurst Memorial Hospital on Sept. 16, 2010 was the cause of the baby’s cognitive impairments, including a lower IQ, diminished executive function and impaired fine motor skills.

The case centered on a nurse who telephoned the defendant obstetrician Dr. Page at 12:31 a.m. to tell her about the baby’s distress. Dr. Page arrived at the hospital at 12:48 a.m. and a C-section was ordered at 12:56 a.m. The newborn was delivered at 1:20 a.m.

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This was a medical malpractice and wrongful death case of a newborn baby. The issue on appeal to the Vermont Supreme Court was whether the defendants’ (two physicians and hospitals) motion to dismiss predicated on the plaintiff’s (the family of the newborn) failure to timely serve summonses on these defendants was justified.

The parents of the newborn baby alleged that on June 12, 2012 their son died as a result of medical malpractice at the defendant hospital and at the hands of two physicians, who were claimed to have been negligent in their care and treatment or lack of it.

The plaintiffs filed their complaints against both sets of defendants on June 20, 2014. Under the applicable code of civil procedure, the plaintiffs had 60 days to serve the defendants with summonses.  On Aug. 18, 2014, the day before the 60-day period was set to expire, plaintiffs moved for an enlargement of time for service, requesting that the court extend the deadline for service of process “for an additional sixty (60) days.”

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On April 6, 2007,  Dramara Sviels was born at Memorial Medical Center in Springfield, Ill. During the delivery, Dramara contracted Group B Streptococcus infection, which was claimed not diagnosed before Dramara was discharged from the hospital the next day. As a result of the infection, it progressed to very serious meningitis, which was diagnosed on April 8, 2007. The meningitis left Dramara with cerebral palsy and seizure disorder. According to the report of this case, the lifetime medical and caretaking expenses would amount to more than $20 million.

In the lawsuit filed by Dramara’s family, it was maintained that the child was exhibiting symptoms of sepsis during his stay at Memorial Hospital at the time of his discharge and during an April 7 phone call from Dramara’s  parents to the hospital nursery after discharge. The lawsuit maintained that these symptoms should have been immediately treated.

The experts who testified on behalf of Dramara’s family stated that a chain of command protocol at the hospital should have been initiated to delay the infant’s discharge and that the nurses who handled the April 7 phone call should have referred the baby to a pediatrician or to the emergency room for immediate care.

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In a recent report it was stated that cerebral palsy affects nearly 10,000 newborns every year. The statistics are more troubling in that research shows that 25-35% of all cerebral palsy cases could have been prevented. It has been reported that medical errors during or after the delivery of a child was the cause of cerebral palsy in 35-45% of deliveries.

The diagnosis of cerebral palsy occurs usually by 18 months of age. One in 323 children has been identified with cerebral palsy. The malady is more common in boys than in girls. In addition, cerebral palsy is found more often in children of African-American descent than in Caucasian, Asian or Hispanic children.

The medical costs of caring for and treating a child with cerebral palsy are enormous. According to the study, the lifetime cost of care for an individual with cerebral palsy is almost $1 million.

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Beatriz Escobar received prenatal care from the defendant obstetrician, Dr. Daniel Rostein. She was admitted to MacNeal Hospital for induction of labor at 38 weeks gestation on the afternoon of Oct. 3, 2005.

On admission, she was given Pitocin at progressively increased dosages throughout the evening. After fetal monitor strips indicated possible fetal complications around midnight, Dr. Rostein, who was not at the hospital, ordered preparations for a Cesarean section delivery.

Once Dr. Rostein arrived at the hospital and evaluated Escobar, he found no fetal concerns and decided to proceed with the original plan for a vaginal delivery.

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Most recently, I have heard from mothers who have tragically lost a full-term baby for inexplicable reasons. In one particular case, the mother called me to talk about why her full-term child died in utero. She said that all of her prenatal care was uneventful. In fact, just 3 days before her due date, her doctor and staff did a final checkup on both her and her unborn child. Both were well.

This mother was 38 years old and had been trying for a full-term delivery with her husband for 7 years. She had been pregnant only once before but miscarried early in that pregnancy. Other than her somewhat advanced years, she had no known risks.

Yet when this mother called her doctor to say that the baby was not active, now just 2 days before her due date, the doctor discounted the alarm and told the mother that maybe she was in the early stages of labor. Instead, the mother’s blood pressure had actually become dangerously elevated,  which put the baby at risk.

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On Sept. 17, 2009 Crystal McFadden was admitted to Northwestern Memorial Hospital in full-term labor. Her care was managed by a team of resident obstetricians under the direction of the defendant, Dr. Jeffrey Dungan, the supervising attending obstetrician.

During the course of her labor, the residents and nursing staff documented late and variable decelerations on the fetal heart monitor with periods of minimal or undetectable variability, but they described the fetal heart tracings as being reassuring overall.

Around 3 a.m. on Sept. 18, 2009, after McFadden had been trying to push for 1.5 hours, the fetal heart tracings became non-reassuring and the senior obstetrician resident called Dr. Dungan to perform delivery. By then the baby’s head was crowning, so the delivery was accomplished with a vacuum extractor. However, the infant was born with no signs of life. The neonatologist in the delivery room stated that the baby appeared to be hydropic with generalized swelling, ascites (accumulation of fluid in the peritoneal cavity), and pleural effusion.

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Iala Suarez was 24 weeks pregnant when she went to her obstetrician, Dr. Michael Coffey, for a regularly scheduled appointment. During that visit, testing showed that she had protein in her urine and high blood pressure. The next day, she went to the Peace River Medical Center, where she underwent a 24-hour urine test and a blood pressure evaluation. Suarez was discharged. The urine test results came back about 30 minutes later showing that she had preeclampsia.

Preeclampsia is a pregnancy condition considered a complication that comes with high blood pressure and signs of damage to another organ system, often the kidneys.

Over the next several days, Suarez saw Dr. Coffey during this time and went to Peace River Medical Center for an evaluation. She continued to experience high blood pressure, increased protein in her urine and restricted fetal growth. She eventually returned to the hospital where she underwent an emergency Cesarean section.

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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.

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During Tristan Hamilton’s delivery, his mother was given Pitocin to induce labor. The treating obstetrician instructed attending nurses to give no more than 20 milli-units of Pitocin to allow only four contractions every ten minutes. The nurses did not follow those instructions.

Because of the excessive amount of Pitocin given (hyperstimulation) and numbing effect of the epidural, Tristan’s mother was unable to push, prompting the obstetrician to attempt a forceps delivery. The baby then became stuck in the birth canal and the physician completed the delivery using a vacuum extractor.

At birth, Tristan had Apgar scores that were one at one minute and three at five minutes. He suffered brain damage in the delayed delivery. He is now 8 years old and has severe motor dysfunction and is unable to walk or talk.

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