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Brain Injury Due To Failure To Properly Treat

Lawsuit Against University Of Maryland Medical Center | January 27, 2020

On January 27, 2020, WVFO attorneys Mary Koch and Sarah Smith filed a medical malpractice claim on behalf of a minor child who suffered a brain injury due to inadequate care.

The complaint alleges that on October 27, 2011, the child’s mother presented to University of Maryland Medical Center for prenatal care at 33 4/7 weeks gestation. The mother had a history of gestational diabetes mellitus with insulin with her prior pregnancy and smoking. The mother returned to UMMC on November 3, 2011 where she reported fetal movement. She was referred to Jocelyn Diabetes Center for nutritional counseling, and instructed to return to the office to pick up a glucometer and supplies. She next presented to UMMC on November 10, 2011 where she again reported fetal movement. Probable malpresentation was also noted. On November 11, 2011, the mother presented to the Center for Advanced Fetal Care where an ultrasound was performed. The ultrasound report indicates that the mother was diagnosed with gestational diabetes and was 35 4/7 weeks according to her last menstrual period. Fetal dopplers were abnormal showing an elevated S/D ratio in the umbilical artery of 8.14, with a resistance index of 0.88, and a pulsatility index of 1.83. The mother was instructed to follow up in two (2) weeks for assessment of fetal growth, Doppler studies and amniotic fluid volume. Five days later, on November 16, 2011, the mother returned to UMMC for a C-section consult for suspected breech presentation. It was noted that fetal presentation was now vertex. The mother was instructed to return for a follow up on November 18, 2011. On November 17, 2011, the mother presented to UMMC where she reported contractions since about 06:00 that morning, about 10-15 minutes apart and becoming increasingly painful. Continuous fetal heart rate monitoring was initiated at approximately 23:17. The fetal heart rate tracings deteriorated over time. An urgent C-section was initiated secondary to non-reassuring fetal heart rate tracing, with decreased variability and meconium, distant from delivery. The operative report indicates that the decision to move towards delivery was made given a non-reassuring fetal heart rate tracing. After delivery, the baby was transferred to the Neonatal Intensive Care Unit (“NICU”) where she was treated for ischemic stroke, oral/motor dysfunction, respiratory distress syndrome, and meconium aspiration syndrome. Today, the child suffers from brain damage, global developmental delay and other damage. Had the defendants complied with the standard of care, the child would be a normal child today.

The child suffered significant and permanent neurodevelopmental and physical issues as a result of the defendants’ delays and failures. The lawsuit alleges that the defendants failed to formulate an appropriate plan of care, among other breaches in the applicable standards of care. The child suffered permanent neurological injuries and damages and will require significant medical care and treatment for the remainder of her life.

The action is pending in the Circuit Court for Baltimore City, Maryland.

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