Newborn Brain Injury Due to Delayed Delivery – August 23, 2023
On August 23, 2023, WVFK&N attorneys Sharon Morgan and Richard Martell filed a medical malpractice claim on behalf of a newborn who suffered an avoidable brain injury.
The complaint alleges that in the spring of 2020, the mother became pregnant. She had previously delivered four children, all vaginally, in 2006, 2008, 2009, and 2014.
On April 15, 2020, the mother presented to PrimaryOne Health for amenorrhea. She continued to seek prenatal care at PrimaryOne Health. She was extremely consistent in attending her prenatal care appointments, visiting PrimaryOne Health at least once per month from June 2020 to December 2020.
At a September 24, 2020, visit at PrimaryOne Health, the mother was diagnosed with an abnormal glucose challenge test and antepartum anemia. On November 21, 2020, she presented to Mount Carmel St. Ann’s complaining of dizziness and nausea. Fetal heart monitoring was conducted and was normal. She was discharged home that day. On December 2, 2020, she presented to Mount Carmel St. Ann’s complaining of right-sided abdominal pain radiating down to the right leg. Fetal heart monitoring was conducted and was normal. She was discharged home that day.
On December 17, 2020, the mother was at 40 weeks and zero days gestational age. A cervical exam was conducted, showing that the cervix was 4 centimeters dilated and 70% effaced. At this appointment, a certified nurse practitioner (“CNP”) discussed induction of labor with the mother and informed the mother that induction of labor is recommended for 41 or more weeks gestation. However, despite the mother being 4 centimeters dilated, the CNP did not offer the mother the option of undergoing an induction of labor at that point. Further, the CNP did not perform any type of assessment to determine fetal wellbeing or otherwise seek sufficient clinical information to ensure her plan to wait until the mother reached 41 weeks gestation to induce labor was reasonable or safe.
On December 21, 2020, the mother again presented to PrimaryOne Health and was again seen by the same CNP. Once more, the CNP did not offer the mother the option of undergoing induction of labor at that point, nor did the CNP perform any type of fetal monitoring test or cervical examination to determine the condition of the cervix.
On December 23, 2020, the mother presented to Mount Carmel St. Ann’s for her previously scheduled induction of labor. At the time she arrived, the treating nurse could not find the baby’s heartbeat. Using a bedside ultrasound, a physician found “agonal heart movements” measuring at 5–10 beats per minute. A stat cesarean section was immediately called for non-reassuring fetal wellbeing.
The baby was delivered by cesarean section on December 23, 2020. She was born with Apgar scores of 0, 1, and 3 and 1, 5, and 10 minutes. She was intubated at 4 minutes with a rapid return of heart rate. She was born in a state of severe metabolic acidosis as a result of a lack of oxygen. A venous blood gas test resulted in a pH of 7.1 and a base excess of -12.7. Her newborn blood lab results showed signs of multi-system organ damage.
The baby was transferred to Nationwide Children’s Hospital for therapeutic hypothermia. Head ultrasounds at 5 hours and 72 hours did not show brain damage, but an MRI at 5 days showed evolving brain damage due to hypoxic-ischemic encephalopathy. The baby was discharged from Nationwide Children’s on February 9, 2021.
Today, our child-client suffers from cerebral palsy, global developmental delay, and permanent severe brain damage. Although she is approaching her third birthday, she cannot walk, talk, or crawl. She will never be gainfully employed and will require assistance with all activities of daily living for the remainder of her life.
The lawsuit alleges that the injuries were a result of the negligence of Columbus Neighborhood Health Center, Inc. d/b/a PrimaryOne Health and its employees in failing to monitor the baby’s wellbeing as a fetus adequately and failing to timely recommend induction of labor despite the gestational age and dilation.
The action is pending in the United States District Court for the Southern District of Ohio Eastern Division.
