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Brain Injury Due To Failure To Properly Treat

Lawsuit Against Bon Secours Mercy Health | April 30, 2020

On April 30, 2020, WVFO 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 November 11, 2015 the mother presented to Mercy Health Anderson Hospital at 37 weeks and 3 days gestation due to elevated blood pressures and headache and visual disturbances. The mother was connected to electronic fetal heart rate monitoring and all evidence showed that her fetus was healthy and neurologically intact at the time. A nurse performed a preeclampsia evaluation recording headache, visual disturbances, and that the results yielded “exceptions to WDL.” The same nurse later recorded that the mother had complained of a headache and blurred vision for the past 2 days, elevated blood pressures, and advised “I just don’t feel right.” A doctor reported that the mother was “37 weeks 3 days gestation presenting with spots in her eyes and elevated blood pressures. Other associated symptoms include headaches.” The doctor’s orders were limited to “monitor BP” and “toxemia precautions” – clearly evidencing concerns for preeclampsia or gestational hypertension. No diagnosis of preeclampsia or gestational hypertension was made, however, and the mother was discharged. Thereafter, the mother was admitted to Mercy Health Anderson Hospital with complaints of contractions and decreased fetal movement. Electronic fetal heart rate monitoring was reported as non-reassuring requiring intrauterine resuscitation. The mother reported “seeing stars.” The mother was prepared for emergency cesarean section delivery. At the time of birth, the baby was not breathing and required immediate neonatal resuscitation. The baby was reported to be hypertonic with rigid arms and legs and seizure-like activity. She was also reported as cyanotic and apneic requiring tactile stimulation and oxygen. During her admission to the NICU, the baby exhibited continued seizure activity and was diagnosed with hypoxic-ischemic encephalopathy. Today, the child continues to suffer from the sequela of hypoxic-ischemic encephalopathy including epilepsy, hypertonia, permanent and catastrophic brain damage, cerebral palsy, and other permanent injuries and damages.

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 properly diagnose preeclampsia and move toward delivery. 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 Court of Common Pleas for Hamilton County, Ohio.

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