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Brain Injury Due To Failure To Timely Deliver

Lawsuit Against Hudson Physicians, S.C. | April 3, 2020

On April 3, 2020, WVFO attorneys Stephen Offutt and Rick Martell filed a medical malpractice claim on behalf of a minor child who suffered a brain injury due to a delayed delivery.

The complaint alleges that on December 17, 2016, two days before she was scheduled for an induction of labor, the child’s mother presented to Hudson Hospital and Clinic complaining of decreased fetal movement since 20:00 the previous evening. A 30 minute non-stress test was ordered with instructions that she could go home if the test was reactive. The test never became reactive. A nurse recorded decreased fetal movement, minimal variability, and absent accelerations. The nurse called the doctor to tell her that the test had not been reactive. The doctor responded that he was coming in to see the patient “in a little bit” and “talk to her about a possible C-section later this afternoon.” The fetal heart rate continued to be monitored and continued to be non-reactive with decreased fetal movement, minimal variability, and absent accelerations. There had not been any accelerations for four hours and the mother had not felt the baby move for the past 24 hours. The doctor noted that the fetal heart monitoring strips had been Category II for four hours and that the cervix was unfavorable. Anesthesia was started for an “urgent” C-section. The child was born with Apgar scores of 0, 2, and 3. A code was called and he was intubated. Providers from Children’s Hospital arrived at 17:57 and the child was transferred to Children’s Hospital for further care. A brain MRI on December 21, 2016 showed extensive damage to regions of the brain including the basal ganglia, thalami, corpus callosum, and brain stem. The baby was not expected to survive the neonatal period. On December 21, 2016 he was baptized in the hospital and the following day all life support was withdrawn. The baby was discharged to home hospice care. Within days, however, his condition began to stabilize and he now lives with severe injuries.

The child suffers from cerebral palsy and profound global developmental delays as a result of the defendants’ delays. He will require 24 hour care for the remainder of his life and will never be able to perform activities of daily living independently. He will never be gainfully employed. He will require medical care and home care for the remainder of his life.

The action is pending in the Circuit Court for St. Croix City, Wisconsin.

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