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Birth Injury Due to Improper Discharge & Monitoring

Lawsuit Against Riverside Methodist Hospital | November 21, 2016

On April 23, 2021, WVFO attorney Sharon Morgan filed a medical malpractice claim on behalf of a child who suffered an avoidable brain injury.

The complaint alleges that on or about November 21, 2016, the baby’s mother presented to the labor and delivery unit at Riverside Methodist Hospital. Her chief complaint was decreased fetal movement. At approximately 9:46 a.m. the mother was connected to an electronic fetal heart rate monitor. She was a 37-year-old gravida 8, para 6, now 36 weeks and 3 days of gestation, who had most recently given birth via cesarean section to twins in February of 2009. Her obstetrical history for her current pregnancy was significant for poorly controlled Type 2 diabetes and chronic hypertension. After brief monitoring, the mother was discharged home. In the morning of November 23, 2016, only two days later, the mother presented to the OB clinic for her scheduled prenatal appointment. At this visit she complained of right upper quadrant pain, and decreased fetal movement. Her blood pressure was also elevated. Due to concerns for preeclampsia, she was instructed to go to labor and delivery at Riverside Methodist Hospital for evaluation and non-stress testing. The plan was to induce labor on December 2, 2016. At Riverside Methodist Hospital, the mother was again connected to electronic fetal heart rate monitoring. Despite numerous risk factors for an adverse pregnancy outcome, including, but not limited to, grand multigravida, poorly controlled diabetes and chronic hypertension, advanced maternal age, group beta strep positivity, a history of decreased fetal movement, and prior cesarean delivery, and despite the plan for induction at 37 weeks on December 2, 2016, the mother was discharged home on November 23, 2016 at 36 weeks and 5 days of gestation. Approximately five hours later, at 8:00 p.m., the mother again presented to labor and delivery at Riverside Methodist Hospital. She was found to have elevated blood pressures on arrival and a blood pressure in the severe range during a cervical exam. Yet again, despite numerous risk factors for an adverse pregnancy outcome, including, but not limited to, grand multigravida, poorly controlled diabetes and chronic hypertension, advanced maternal age, group beta strep positivity, a history of decreased fetal movement, prior cesarean delivery, now in the setting of possible labor in a patient with a scarred uterus from a prior cesarean delivery, and despite the plan for induction at 37 weeks on December 2, 2016, the mother was discharged home on November 23, 2016 at 36 weeks and 5 days gestation. On December 1, 2016, at approximately 12:34 p.m., the mother again presented to labor and delivery at Riverside Methodist Hospital. Her complaint was again decreased fetal movement. At approximately 12:37 p.m., she was connected to electronic fetal heart rate monitoring. The initial fetal heart rate monitoring was ominous with a baseline of less than 120 beats per minute, minimal to absent variability, and repetitive decelerations. Due to fetal intolerance of labor, a decision was promptly made for an emergency cesarean section delivery. At approximately 1:10 p.m., the baby was born via emergency cesarean section. At birth, she was limp, cyanotic and lifeless. Her Apgar scores were 0, 0, 0, 0 and 1 at one, five, ten, fifteen and twenty minutes, respectively. The arterial cord blood gases showed severe metabolic acidosis. The child currently suffers from spastic quadriplegic cerebral palsy, developmental delay, feeding difficulties, and seizures, among other complications of her severe brain damage and cerebral palsy.

The lawsuit alleges that the baby suffers from these permanent injuries and damages as a result of the negligence of Riverside Methodist Hospital and its agents.

The action is pending in the Court of Common Pleas for Franklin County, Ohio.

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