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Wais, Vogelstein, Forman, Koch & Norman, LLC Wais Vogelstein Forman Koch & Norman LLC
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Brain Injury Due To Failure To Properly Treat

Lawsuit Against Texas Health Presbyterian Hospital | March 31, 2020

On March 31, 2020, WVFK&N attorneys Keith Forman and Myles Poster 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 January 30, 2018, the child’s mother presented to Texas Health Presbyterian Hospital Dallas due to severe anemia in pregnancy. She was 26 weeks 5 days pregnant. The plan of care included transfusion of 2 units of PRBCs and discharge home. The mother’s blood pressures began increasing prior to the first transfusion and continued thereafter. No additional laboratory work or testing was performed during this admission and the mother was discharged. In the early morning hours of February 1, 2018, the mother called Dallas emergency medical services for complaints of abdominal pain. After arriving at her home, EMS assessed her vital signs noting that her initial blood pressure was severely hypertensive (166/90) and she complained of 5 out of 10 pain. Repeat blood pressures showed that her blood pressure remained hypertensive at 150/93, and she was subsequently transported to Baylor Scott & White Medical Center White Rock where she was admitted. Her blood pressure remained hypertensive on admission. Due to continued abdominal pain, an order was placed for a limited abdominal ultrasound. According to the report generated by the interpreting radiologist, the ultrasound revealed that the mother had an enlarged liver with a small amount of free fluid over the dome of the right lobe and in the subhepatic space of unknown etiology. Subsequently, the mother began complaining of the sudden onset of a severe headache. Laboratory results revealed anemia and further clinical evidence of preeclampsia. The mother was then discharged. Less than 12 hours after being discharged, the mother presented to Texas Health Presbyterian Hospital Dallas again with complaints of a severe headache. Her blood pressures on admission were severely hypertensive measuring 172/92 and 181/108. She also continued to report a throbbing and constant headache. There was clinical evidence consistent with severe preeclampsia and HELLP syndrome. The mother was administered magnesium sulfate, anti-hypertensive medications, and betamethasone with the intent to move toward delivery after full administration of all medications. However, due to concerning fetal heart rate patterns, the plan was changed to move toward delivery immediately. The baby was born via C-section delivery. Because of the baby’s condition at the time of birth, she was admitted to the NICU for further care and management. On admission to the NICU at Texas Health Presbyterian Hospital Dallas, the baby was noted to have mild-moderate respiratory distress. She ultimately suffered respiratory distress syndrome, left-sided Grade IV IVH, right-sided Grade II IVH, and evolving cystic encephalomalacia.

The child suffered significant and permanent neurodevelopmental and physical issues as a result of the defendants’ failure to recognize and treat the mother’s deteriorating clinical condition. 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 District Court for Dallas County, Texas.

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