Sacramento Birth Injury Lawyer Blog

The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS
According to Plaintiff: Plaintiff's mother, age 28, was planning a home birth for her first child and was seeing a Certified Nurse Midwife (“CNM”), who reported no problems with the pregnancy. At 32 weeks gestation, on December 27, 2009, plaintiff's mother called the CNM to report that she felt a gush of fluid. The CNM told her to go to the nearest hospital, where she was seen by an obstetrician who diagnosed premature rupture of membranes and a transverse lie of the fetus on ultrasound, but, due to the gestational age of the fetus, he arranged to transfer the mother to defendant hospital, which had both a perinatology staff and a NICU.

Prior to transfer, the mother was started on antibiotics, magnesium sulfate, and terbutaline. The mother arrived at defendant hospital shortly after midnight on December 28, 2009, where she was found to be leaking clear fluid but having no contractions. She was then seen by a perinatologist at around 9:00 a.m., who ordered steroids and continued magnesium sulfate and antibiotics. Fetal monitoring was performed twice a day and showed a normal reactive strip. The mother was placed on bed rest with bathroom privileges. She was checked daily by a perinatologist, who confirmed a normal fetal monitor tracing on December 29, December 30, and December 31.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading " Hospital’s Negligence Results in Sacramento Birth Injury, Part 1 of 3 " »

The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)

Plaintiff alleged that defendant anesthesia group failed to have a system in place for adequate response time to a request for a C-section that was called at 8:06 a.m. The perinatal hypoxia was caused by a small placenta as a result of the mother's SLE, which caused growth retardation in utero. As a result, the fetus was not able to tolerate labor due to placental insufficiency. Delivery prior to 8:00 a.m. would have resulted in a normal outcome.

The defense contended that all care was within the standard. The FMS abnormalities improved after 5:15 a.m. and did not require a call for a C-section before 8:00 a.m. After that, the fetal heart rate improved, and it was appropriate to use a re-bolused epidural for anesthesia. The small placenta likely caused micro-emboli to the baby's brain, with antibodies from the mother's SLE contributing to the brain injury. The severity of the baby's condition, including temperature instability, would give a life expectancy of less than eight additional years. Collateral sources would continue to pay for care in the future.

CLAIMED INJURIES
According to Plaintiff: Cerebral palsy; microcephaly.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading " Woman Sues Hospital After Birth Injury Results in Cerebral Palsy, Part 3 of 3 " »

The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)

At 7:23 a.m., another nurse assumed care, and she was concerned about the FMS, but did not do anything because the first nurse told her that the perinatologist had seen the patient and was not concerned about the FMS. At 8:00 a.m., the charge nurse looked at the FMS on the monitor in the nurse's station, and she called the perinatologist, who then responded to the patient's room at 8:06 a.m. Upon his review of the FMS, he called for a C-section ASAP. However, the in-house anesthesiologist had just started another C-section at 8:00 a.m. and was unavailable. The second-call anesthesiologist was then called at home, and he arrived at 8:34 a.m. The patient was then moved into the OR, but the heart rate was noted to be in the 140s, and so the epidural was re-bolused, with delivery of the minor plaintiff at 9:01 a.m. The Apgar scores were 1,3,4, with evidence of perinatal depression, but the cord blood gas showed a pH of 7.2. The baby's weight was 2,365 gm, which was SGA (small for gestational age). The minor plaintiff was subsequently diagnosed with hypoxic-ischemic encephalopathy and “total body” cerebral palsy. The baby was discharged home on March 15, 2006 and has had five subsequent hospitalizations for fever.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading " Sacramento Lawsuit Brought After Late C-Section Causes Baby To Be Born with Cerebral Palsy, Part 2 of 3 " »

The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS
According to Plaintiff: Plaintiff, age 19, who was diagnosed with Systemic Lupus Erythematosus (“SLE”) at age 9, became pregnant and was referred to a high-risk perinatal group for prenatal care. She was able to carry the pregnancy to term without any major problems or complications due to SLE. She entered defendant medical center in January 2006 with a mild flare-up of her SLE. Her rheumatologist said it was okay to induce labor. However, she was discharged home the next day.

Plaintiff returned on February 4, 2006 with labor contractions. She was then admitted to the L&D unit at 1:00 p.m. and was seen by the perinatologist on call, who confirmed that the fetal monitor showed a reactive tracing with good variability.

At 7:00 p.m., there was a change in coverage, and plaintiff was assigned an L&D nurse who worked as a traveling nurse on a short-term contract. By 1:06 a.m. on February 5th, plaintiff was 8 cm dilated, 90 percent effaced, with a -2 station, and she had been given an epidural for pain relief. The FMS continued to show a reactive tracing. At 1:31 a.m., the nurse started Pitocin. At 2:22 a.m., the charge nurse ruptured the membranes and there was clear fluid. At 4:45 a.m., the on-call perinatologist determined that the patient was completely dilated and she was instructed to push. The FMS at this time showed some late decelerations, but the perinatologist thought that the fetus was still healthy at this time and left the room.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading " Late Cesarean Results in Sacramento Birth Injury, Part 1 of 3 " »

The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)

Later the same night, the attending nurse changed the times in the progress notes. The nurses and the obstetrician falsely wrote in the delivery record that the fetal heart monitor had been “reassuring” before the birth.

The next day, the obstetrician sat down with the patient on her hospital bed and cried with her over what happened to the baby. Two days later, the obstetrician met with the hospital's risk manager.

Individually and as the guardian of M.T.'s estate, Sarah joined her husband in a lawsuit filed Sacramento County Superior Court against Sacramento Hospital, Dolores Stein, Sacramento Women's Care, Randy Hyle, and Pediatrix Medical Group. Stein, the obstetrician, worked for Sacramento Women's Care. Hyle, a neonatologist who participated in the birth, worked for Pediatrix Medical Group.

The Travises alleged the healthcare professionals and institutions were negligent and failed to possess and exercise the requisite level of care and skill in their care of Sarah and M.T. The hospital was further negligent by failing to select and train competent employees, failing to adopt and comply with necessary policies and procedures, failing to provide and monitor equipment properly, and failing to intervene in Sarah and M.T.'s treatment in a timely and effective manner.

Sarah sought damages on behalf of her daughter for permanent and disabling physical, mental and psychological injuries; physical and emotional pain, anguish, injury, suffering and harm; and impaired earning ability. On their own behalf, Sarah and Erik sought damages for destruction of the parent-child relationship, loss of companionship and support from M.T., and past and future medical and care expenses.

Sacramento Hospital denied the allegations directed at it. By way of affirmative defense, it argued the Travises caused their own damages and should share a proportion of fault, and that they failed to mitigate their damages.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading " Understaffing and Negligence Result in Sacramento Birth Injury, Part 3 of 3 " »