REcently Filed Cases Across the United States

Our Reach to Correct Medical Wrongdoing is Not Limited to Maryland.

September 3, 2019 - Circuit Court for Montgomery County, Maryland

FAILURE TO TIMELY AND PROPERLY TREAT – BRAIN INJURY – LAWSUIT AGAINST HOLY CROSS HOSPITAL

On September 3, 2019, WVFO attorneys Chris Norman and Keith Forman filed a medical malpractice claim on behalf of a minor who suffered a brain injury prior to birth due to the negligence of healthcare providers at Holy Cross Hospital.

The complaint alleges that on October 17, 2018, the child’s mother was admitted to Holy Cross Hospital due to developing preeclampsia at 33 2/7 weeks of gestation. The mother had elevated blood pressure, proteinuria, and swelling in her hands and face. The healthcare providers ordered the administration of betamethasone for fetal lung maturity. A sonogram was performed the next day, which showed that there was fetal growth restriction consistent with severe preeclampsia. The decision was made to monitor the mother and attempt to get her to 34 weeks of gestation before delivering the baby. This plan was unreasonable and in violation of the standard of care. Rather than attempt to get to 34 weeks gestation, the standard of care required delivery upon completion of the second dose of betamethasone. A subsequent test revealed increasing protein in the mother’s urine, a sign of worsening severe preeclampsia. The healthcare providers still continued with their plan of care to induce labor at 34 weeks gestation, despite the fact that the full course of betamethasone had already been administered. The mother’s blood pressure measurements were also beginning to increase over this period of time. The healthcare providers continued with their plan of care noting that intervention would be warranted if the fetal heart rate tracings were non-reassuring. Despite these signs of worsening severe preeclampsia, the healthcare providers failed to order continuous fetal heart rate monitoring. The mother was then disconnected from electronic fetal monitoring. When the mother was finally reconnected to electronic fetal monitoring several hours later, the fetal heart rate tracing showed repetitive decelerations that were both late and variable in appearance, and the tracing was overall non-reassuring. This was a significant change from previous electronic fetal monitoring. Inexplicably, the labor and delivery nurses did not immediately communicate this information to the physician. Measures were undertaken in an attempt to improve fetal oxygenation. The onset of a terminal bradycardia was noted shortly thereafter. An emergent cesarean section delivery was ordered. At birth, the baby was “flaccid” with Apgar scores of 0, 0, and 1 at one, five and ten minutes, respectively. The baby was noted to be “hypoxic” at delivery. The baby required aggressive resuscitation. The baby was ultimately diagnosed with hypoxic-ischemic encephalopathy.

The lawsuit alleges that the defendants failed to implement an appropriate plan of care for the child’s mother and that the defendants negligently disconnected the fetal heart monitor despite the mother’s severe preeclampsia. The child is developmentally delayed and suffers from serious injuries as a direct and proximate result of the defendants’ negligence. The child suffered permanent neurological injuries and damages during labor and delivery and will require significant medical care and treatment for the remainder of his life.

The action is pending in the Circuit Court for Montgomery County, Maryland.

July 3, 2019 - Circuit Court for Anne Arundel County, Maryland

FAILURE TO TIMELY AND PROPERLY TREAT KIDNEY DISEASE – LAWSUIT AGAINST PATIENT FIRST AND POTOMAC PHYSICIANS, P.A.

On July 3, 2019, WVFO attorneys Mary Koch and Robert Lewis filed a medical malpractice claim on behalf of a woman who developed chronic kidney disease as a result of her doctors’ failures to properly treat her.

The complaint alleges that defendants failed to adequately document the medical care and treatment provided to the patient at each and every visit. The defendants also failed to recognize persistent hematuria and proteinuria as symptoms of potentially life threatening conditions, including but not limited to, analgesic nephropathy, IgA nephropathy and/or chronic kidney disease. Additionally, the defendants failed to promptly order appropriate and adequate testing to determine the cause of the patient’s persistent hematuria and proteinuria and/or refer the patient to an appropriate specialist to determine the cause of Ms. Morales’ hematuria and proteinuria. The doctors also improperly prescribed nephrotoxic medications, including but not limited to ibuprofen, in the setting of persistent hematuria and proteinuria.

The lawsuit alleges the defendants failed to properly and timely treat the patient’s symptoms. The patient suffers from serious injuries as a direct and proximate result of the defendants’ negligence. The patient now suffers from chronic kidney disease and other problems and will require significant medical care and treatment for the remainder of her life.

The action is pending in the Circuit Court for Anne Arundel County, Maryland.

June 15, 2019 - District Court for Hennepin County, Minnesota

FAILURE TO TIMELY AND PROPERLY TREAT – BRAIN INJURY – LAWSUIT AGAINST PARK NICOLLET METHODIST HOSPITAL

On June 15, 2019, WVFO attorney Stephen Offutt filed a medical malpractice claim on behalf of a minor who suffered a brain injury.

The complaint alleges that on September 22, 2017, at approximately 05:53, an ambulance was dispatched to take the child’s mother to the hospital because she was having contractions. EMS records report that the mother was in significant discomfort upon their arrival. The mother arrived at Park Nicollet Methodist Hospital at 06:28 and was admitted at 06:39. She was admitted for labor evaluation and it was later determined that she had preeclampsia upon admission. Fetal heart monitoring was initiated at approximately 06:44. At 07:04, the fetal heart monitor indicated that a bradycardia was occurring. At this time the nurses did not hit the “Code” button or call the obstetrician. This bradycardia, which is an irregularly low heart rate, persisted for over an hour before the baby was finally delivered. The mother continually reported being in pain and continually asked that doctor be called. At 07:50, the triage nurse finally sent a nurse to get a doctor “stat.” The baby will be born seventeen minutes later, which is about 1 hour and 3 minutes after the fetal heart monitor indicated to the nurses that the baby’s heart rate was irregularly low. When the doctor arrived, she found that the fetal heart rate was at approximately 50 beats per minute. At 07:59, the doctor ordered an emergency cesarean section for fetal distress. At 08:07, the baby was delivered. At delivery, he had no heart rate or respiratory effort. He required intubation, CPR and Epinephrine. As a result of the substandard care, the child suffered a severe hypoxic-ischemic injury and seizures, and now suffers from permanent physical and mental impairments that he will never recover from, and which will require a lifetime of care and treatment.

The lawsuit alleges the defendants failed to properly and timely respond to the concerning fetal heart rate tracings. The child is developmentally delayed and suffers from serious injuries as a direct and proximate result of the defendants’ negligence. The child suffered permanent neurological injuries and damages during labor and delivery and will require significant medical care and treatment for the remainder of his life.

The action is pending in the District Court for Hennepin County, Minnesota.

May 22, 2019 - District Court for Dallas County, Texas

FAILURE TO TIMELY AND PROPERLY TREAT – BRAIN INJURY – LAWSUIT AGAINST BAYLOR SCOTT & WHITE HEALTH AND BAYLOR MEDICAL CENTER AT WAXAHACHIE

On May 22, 2019, WVFO attorneys Keith Forman and Myles Poster filed a medical malpractice claim on behalf of a minor who suffered a brain injury prior to delivery.

The complaint alleges that in June of 2017, the child’s mother presented to Baylor & Scott Medical Center at Waxahachie. The child’s mother was admitted to the labor and delivery department where she was hooked to a fetal heart rate monitor. The providers induced labor. The fetal heart rate tracing was non-reassuring for several hours and the mother exhibited hypertension. The providers attempted resuscitative measures, including discontinuing the Pitocin, which is an uterotonic agent, and administering oxygen, to improve the baby’s oxygenation and address the non-reassuring signs. These efforts did not improve the child’s condition, however, and he continued to suffer from inadequate oxygenation and decreased placental perfusion. The child was eventually born via vaginal delivery. He was born without respiratory effort, flaccid, and his extremities were described as blue. Because of his severe depression, the child required significant neonatal resuscitation including bulb suctioning, tactile stimulation, supplemental oxygen, and positive pressure ventilation. Today, the child continues suffering from the sequela of his severe hypoxic-ischemic injury, including, among other things, ongoing seizures, microcephaly, hypotonia, and global developmental delays.

The action is pending in the District Court for Dallas County, Texas.

May 17, 2019 - Circuit Court for Allegheny County, Maryland

FAILURE TO TIMELY AND PROPERLY TREAT HERPES SIMPLEX VIRUS – BRAIN INJURY – LAWSUIT AGAINST WESTERN MARYLAND HEALTH SYSTEM

On May 17, 2019, WVFO attorneys Mary Koch and Sarah Smith filed a medical malpractice claim on behalf of a minor who suffered a brain injury.

The complaint alleges that on June 19, 2015, the child’s mother presented to the emergency department at WMHS complaining of vaginal discharge and blisters. A culture was taken, and the mother was prescribed acyclovir based on physical exam, and instructed to follow up with her OB/GYN. The nurse midwife examined the mother on June 22, 2015, noting “herpetic vesicle in vagina,” and that current medications included acyclovir 400 mg TID. On June 26, 2015, a herpes simplex culture was provided to the nurse midwife indicating a positive result. Testing in September 2015 revealed that the mother was pregnant. The mother was never prescribed acyclovir during her prenatal period, and her history of HSV was not documented in the prenatal records by any of the providers. The mother presented to labor and delivery on May 11, 2016. The admission report did not reference maternal history of herpes or HSV. The baby was delivered via vaginal delivery. The baby presented to her doctor for her first well child visit on May 16, 2016. On May 26, 2016 the baby returned for a follow-up where the doctor noted blisters and lesions on the baby’s back. The baby was started on acyclovir and blood cultures were taken. On June 9, 2016, the doctor received the herpes cultures which showed viral infection, though the blood culture was negative. The baby was kept on the same dosage of acyclovir. On September 28, 2016, the baby presented to WMHS with a fever of 101.5. The doctor did not note that the baby’s current medications included oral acyclovir, did not note that she had been treated with IV acyclovir and did not note her, or her mother’s, history of HSV. Acetaminophen was administered and the baby was discharged. The mother returned to WMHS on September 30, 2016 where the baby’s fever was recorded as having a peak of 103.9. The nurse practitioner did not note that the baby’s current medications included oral acyclovir, did not note that she had been treated with IV acyclovir and did not note her, or her mother’s, history of HSV. The nurse PR actioner instructed the mother to continue ibuprofen for fever control. On October 2, 2016, head imaging revealed brain damage. The baby was treated for herpes simplex encephalitis and stroke.

The lawsuit alleges the defendants failed to properly record and treat the mother’s and the baby’s history of HSV. The child is developmentally delayed and suffers from serious injuries as a direct and proximate result of the defendants’ negligence. 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 Allegheny County, Maryland.

March 21, 2019 - Circuit Court for Baltimore City, Maryland

WRONGFUL DEATH CAUSED BY NEGLIGENT PUNCTURE AND LACERATION DURING SURGERY – LAWSUIT AGAINST UNIVERSITY OF MARYLAND SURGICAL ASSOCIATES

On March 21, 2019, WVFO attorney Cecilia Lavrin filed a medical malpractice claim on behalf of the family of a man who died as a result of a puncture and laceration by a surgeon.

The complaint alleges that in August 2016, a doctor working for University of Maryland Surgical Associates punctured the patient’s diaphragm and lacerated his liver attempting a bilateral thorascopic pulmonary vein isolation MAZE procedure to eliminate the patient’s chronic atrial fibrillation. This resulted in severe blood loss and a cardiac arrest. Five days later, despite the patient having just left the ICU, the negligent doctor attempted a thorascopic left pulmonary vein isolation MAZE resulting in the patient arresting again. The patient suffered significant damage to his heart and lungs. Over the next year and a half the patient’s cardiac function worsened due to the damage and he died in April 2018 during a procedure to place an AICD (Automatic Internal Cardioverter Defibrillator) which was being done in an attempt to prolong his life. He left behind a wife and two daughters.

The lawsuit alleges the defendants negligently performed surgery on the patient. The defendants’ negligence caused the patient t ultimately pass away.

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

March 4, 2019 - Circuit Court of Lowndes County, Mississippi

FAILURE TO TIMELY AND PROPERLY TREAT – BRAIN INJURY – LAWSUIT AGAINST BAPTIST MEMORIAL HOSPITAL

On March 4, 2019, WVFO attorneys Keith Forman and Myles Poster filed a medical malpractice claim on behalf of a minor who suffered a brain injury.

According to the complaint, in January of 2017, the child’s mother presented to Baptist Memorial Hospital. The child’s mother was admitted to the labor and delivery department where she was hooked to a fetal heart rate monitor. The providers induced labor. The fetal heart rate tracing was non-reassuring for an extended period. The providers attempted resuscitative measures to address the non-reassuring signs, however, those measures did not significantly improve the child’s condition. After several hours of exposure to this dangerous uterine environment, the child was eventually delivered with episiotomy assistance. There is no indication that neonatology or NICU staff were present at the time of the delivery resulting in the delivering obstetrician implementing neonatal resuscitative measures given the child’s poor condition at birth. These resuscitative measures included positive pressure ventilation, bulb suctioning and tactile stimulation. Due to the child’s poor feeding, respiratory distress, and seizure-like activity, the decision was made to transfer him to the NICU at the University of Mississippi Medical Center for tertiary care and pediatric neurology consultation. He was noted to have “seizures, birth depression, and hypoxic-ischemic encephalopathy.” Multiple MRI studies performed at the University of Mississippi Medical Center confirmed the presence of significant hypoxic-ischemic brain damage. Today, the child suffers from cerebral palsy, brain damage, and their sequela.

The lawsuit alleges that the defendants failed to properly and timely respond to the child’s condition and failed to timely and properly treat the child’s deteriorating clinical status. The child is developmentally delayed as a direct and proximate result of the defendants’ negligence. The child suffers from permanent physical and mental impairments that he will never recover from, and which will require a lifetime of care and treatment.

The action is pending in the Circuit Court of Lowndes County, Mississippi.

March 29, 2019 - Circuit Court for Anne Arundel County, Maryland

FAILURE TO TIMELY AND PROPERLY TREAT – PRETERM PREMATURE RUPTURE OF MEMBRANES, PROLAPSED CHORD, CHORIOAMNIONITIS, AND BRAIN INJURY – LAWSUIT AGAINST ANNE ARUNDEL MEDICAL CENTER

On March 29, 2019, WVFO attorneys Keith Forman and Jermaine Haughton filed a medical malpractice claim on behalf of a minor who suffered a brain injury.

The complaint states that on June 12, 2014, the child’s mother presented to Labor and Delivery at Anne Arundel Medical Center (“AAMC”), when she was 26 weeks and 6 days pregnant.

Her chief complaint was rupture of membranes, and that she had “felt a gush of fluid” that same day. The mother was connected to electronic fetal monitoring which documented that the baseline fetal heart rate was 170 beats per minute, which is consistent with fetal tachycardia. She also complained of pain of 1 out of 10 in her lower abdomen, which radiated to her vagina. She described the pressure as “constant.” Tests indicated a high likelihood that the mother had indeed ruptured her membranes. The healthcare providers erroneously concluded that the mother was “not ruptured” and discharged her home. The following morning, the mother presented to the Center for Maternal and Fetal Medicine where an ultrasound was performed, which unsurprisingly confirmed oligohydramnios, or low amniotic fluid. Shortly after undergoing the ultrasound, the mother was admitted to Labor and Delivery at AAMC. She was promptly connected to electronic fetal monitoring, which showed a normal fetal heart rate. The child was intermittently monitored throughout the day and evening of June 13, 2014. On June 14, 2014, a nurse noticed a membranous object coming from the vagina. A vaginal examination was performed and a prolapsed cord was ultimately diagnosed. The mother was emergently taken to the operating room for a stat cesarean section. The child was born severely depressed and with infection. In the immediate newborn period, the child suffered respiratory distress syndrome, apnea, bradycardia, anemia of prematurity, retinopathy of prematurity, tachypnea, sepsis, hyperbilirubinemia, and hypoglycemia, among other complications. Today, the child suffers from spastic quadriplegia, cerebral palsy, global developmental delay, and epilepsy.

The lawsuit alleges the defendants failed to properly and timely respond to the preterm premature rupture of membranes. The complaint also alleges that the defendants failed to appropriately evaluate the child and the child’s mother based on the preterm premature rupture of membranes. The child is developmentally delayed and suffers from other serious injuries as a direct and proximate result of the defendants’ negligence. The child suffered permanent neurological injuries and damages during labor and delivery and will require significant medical care and treatment due to the effects of the severe brain injury.

The action is pending in the Circuit Court for Anne Arundel County, Maryland.

March 26, 2019 - State Court of DeKalb County, Georgia

FAILURE TO TIMELY AND PROPERLY TREAT – HYPOXIC-ISCHEMIC BRAIN INJURY – LAWSUIT AGAINST EMORY HEALTHCARE, INC.

On March 26, 2019, WVFO attorneys Keith Forman and Sharon Morgan filed a medical malpractice claim on behalf of a minor who suffers from cerebral palsy as a result of a brain injury.

According to the complaint, on March 28, 2017 the child’s mother presented to Grady Memorial Hospital complaining of contractions and 10 out of 10 pain. She was 35 weeks and 1day gestation. She was known to have insulin dependent diabetes. A biophysical profile performed about five weeks earlier had reported an estimated fetal weight greater than the 97th percentile, and polyhydramnios, which is excess amount of amniotic fluid. Measuring large for gestational age and polyhydramnios are often seen in fetuses of diabetic mothers and require close observation, fetal monitoring and timely interventions including early delivery to avoid serious injury. She was admitted to the hospital with a plan to continue fetal monitoring and obtain a biophysical profile the following day. The fetal heart rate tracings eventually became concerning with an elevated heartrate baseline, minimal variability, and occasional decelerations. No nursing interventions to improve fetal oxygenation or attempt to alleviate the decelerations or improve variability are documented for several hours. An ultrasound showed an increased amount of amniotic fluid from the previous examination, with an estimated fetal weight greater than 97th percentile, but was scored as an 8 out of 8, which is considered reassuring. Throughout the afternoon, maternal contractions continued and the tracing remained concerning with persistent decelerations, and periods of minimal variability, indicative of poor fetal oxygenation. Despite several hours of concerning repetitive and prolonged decelerations the day before, and having no fetal monitoring overnight or non-stress test tracings to evaluate fetal status in a 35 weeks’ fetus already showing signs of the in-utero effects caused by uncontrolled maternal diabetes, the healthcare providers ordered that the mother be discharged from the hospital with the plan being to continue biophysical profiles twice weekly, and to be delivered at 39 weeks. On April 3, 2017, the mother returned to Grady Memorial Hospital as instructed, to have a repeat biophysical profile performed. She was 36 weeks’ gestation. The biophysical profile was dramatically changed from the exam just three days earlier. There was no fetal tone and no fetal breathing was evident. When the mother was finally placed on the fetal monitor, there was no fetal heart rate variability. Well oxygenated fetuses typically have moderate variability. Absent variability is associated with fetal asphyxia. A cesarean section delivery was eventually ordered due to the persistent Category II tracing with absent fetal heart rate variability and the biophysical profile. The mother was not taken to have her cesarean section for nearly another hour, and once in the operating room it took the surgeons an additional forty minutes to deliver the baby. At birth, the baby was limp, had no respiratory effort and his heart rate was significantly below normal at 60 beats per minute. His initial blood gas results showed metabolic acidosis. He was diagnosed with hypoxic respiratory failure, hypoxic-ischemic encephalopathy and shock. Today, the child is permanently disabled as a result of the severe brain injury he suffered shortly before birth due to poor perfusion, and lack of oxygen and blood flow to his brain, which was caused by the defendants.

The action is pending in the State Court of DeKalb County, Georgia.

February 28, 2019 - Circuit Court for Baltimore City, Maryland

FAILURE TO TIMELY AND PROPERLY TREAT – PREVENTABLE PREMATURE BIRTH – LAWSUIT AGAINST MERCY MEDICAL CENTER

On February 28, 2019, WVFO attorneys Chris Norman and Keith Forman filed a medical malpractice claim on behalf of a minor who was born prematurely and now suffers global developmental delay.

The complaint states that the child’s mother had a complicated pregnancy history prior to her pregnancy in 2015. Her prior pregnancy history included miscarriages, prior cervical shortening, and prior preterm births, among other things. She was noted to have a shortening cervix during her pregnancy in 2015. On December 8, 2015, the child’s mother was seen at Mercy Medical Center. At the time, she was noted to be 25 weeks and 5 days gestation and to have lost her mucous plug. The doctor performed a pelvic exam but did not perform any evaluation to assess for the presence of contractions, or to determine whether the cervix was shortening further than had been previously documented. The mother was seen again on December 21, 2015, however, no cervical exam was done at this visit. The mother was seen at Mercy’s Center for Advanced Fetal Care for a follow up growth ultrasound on December 28, 2015, which noted funneling of the proximal cervix, with a closed cervical length of only 1.3 cm. She was transferred to Mercy’s labor and delivery unit. Upon arrival at Mercy, her prior pregnancy history was accurately documented for the first time during this pregnancy, including her history of prior preterm birth. Contractions and uterine irritability were noted, and an initial cervical exam revealed that she was 3 cm dilated and 50% effaced. She progressed to 4 cm dilated, and was started on tocolytics and betamethasone. She was monitored until January 7, 2016, at which time she was discharged. Three days later, on January 10, 2016, the child’s mother returned to Mercy with complaints of regular contractions. She was noted to be 30 weeks and 1 day gestation. She was evaluated, and found to have regular contractions which palpated moderate. An initial cervical exam revealed that her cervix had progressed to 5 cm dilated and was greater than 80% effaced. The child was eventually delivered vaginally later that day at 30 weeks and 1 day gestation. The child has since been diagnosed with global developmental delay and autism, which providers have attributed to his premature birth.

The lawsuit alleges the defendants failed to properly document the mother’s pregnancy and related medical history and failed to properly and timely respond to the mother’s conditions during this pregnancy. The child is now developmentally delayed and suffers from other serious injuries as a direct and proximate result of the defendants’ negligence. The child suffered permanent neurological injuries and damages as a result of his preventable premature birth.

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

February 15th, 2019 - District Court for Ramsey County, MN

FAILURE TO TIMELY AND PROPERLY TREAT – CHORIOAMNIONITIS AND BRAIN INJURY – LAWSUIT AGAINST REGIONS HOSPITAL

On February 15, 2019, WVFO attorney Stephen Offutt filed a medical malpractice claim on behalf of a minor who suffered chorioamnionitis which led to a brain injury.

The complaint states that the child’s mother presented to Regions Hospital after the spontaneous rupture of her membranes in November of 2016. The child’s mother was admitted to the labor and delivery department where she was hooked to a fetal heart rate monitor. The fetal heart rate tracings began deteriorating and were ominous for several hours. The mother eventually developed a fever and tachycardia, or elevated heart rate, which are signs of chorioamnionitis. The child was eventually delivered via vaginal delivery several hours after the cocnenrigns signs began to develop. As a result of the substandard care, the child suffered hypoxia and permanent brain injury ensued. He now suffers from severe and permanent physical and neurological injuries and other damages.

The complaint alleges that the defendants failed to respond to the concerning fetal heart rate tracings. The lawsuit also alleges the defendants failed to properly and timely respond to the signs and symptoms of chorioamonionitis in the mother. The child is developmentally delayed and suffers from other serious injuries as a direct and proximate result of the defendants’ negligence. The child suffered permanent neurological injuries and damages during labor and delivery and will require significant medical care and treatment due to the effects of the severe brain injury she sustained.

The action is pending in the District Court of Ramsey County in the State of Minnesota.

December 19th, 2018 - Coahoma County, Mississippi

FAILURE TO TIMELY AND PROPERLY TREAT – HYPOXIC-ISCHEMIC BRAIN INJURY – LAWSUIT AGAINST NORTHWEST MISSISSIPPI MEDICAL CENTER

On December 19, 2018, WVFO attorneys Keith Forman and Myles Poster filed a medical malpractice claim on behalf of a minor who suffers from cerebral palsy.

According to the complaint, in January of 2011, the child’s mother presented to Northwest Mississippi Medical Center with back, side, and abdominal pain. The child’s mother was admitted to the labor and delivery department where she was hooked to a fetal heart rate monitor. The providers induced labor. The fetal heart rate tracing was non-reassuring for an extended period. The providers attempted resuscitative measures to address the non-reassuring signs, however, those measures did not significantly improve the child’s condition. After several hours of exposure to this dangerous uterine environment, the child was eventually delivered with vacuum assistance. At Northwest Mississippi Medical Center, the child was observed suffering from serious seizures after birth. He was eventually transferred to the University of Mississippi Medical Center. MRI and EEG imaging studies indicated that he suffered neurological injuries and damages consistent with severe intrapartum hypoxic-ischemic encephalopathy. At the time of his discharge, the child suffered from seizures, diffuse encephalopathy, and findings consistent with severe hypoxic-ischemic encephalopathy. Today, the child suffers from cerebral palsy, brain damage, and global developmental delays, among other injuries and damages.

The action is pending in the Circuit Court Coahoma County, Mississippi.

December 18th, 2018 - United States District Court for the District of Maryland, Southern Division

FAILURE TO TIMELY AND PROPERLY TREAT – CHORIOAMNIONITIS AND BRAIN INJURY – LAWSUIT AGAINST UNIVERSITY OF MARYLAND CHARLES REGIONAL MEDICAL CENTER

On December 18, 2018, WVFO attorneys Keith Forman and Kieran Murphy filed a medical malpractice claim on behalf of a minor who suffered chorioamnionitis which led to a brain injury.

The complaint states that the child’s mother presented to the University of Maryland Charles Regional Medical Center for induction of labor in July of 2014. The child’s mother was admitted to the labor and delivery department where she was hooked to a fetal heart rate monitor. The doctor artificially ruptured the mother’s membranes, which produced a meconium stained amniotic fluid. Meconium stained amniotic fluid is a sign of chorioamnionitis, or intra-amniotic infection, and a sign that the fetus is being stressed in utero. The mother eventually developed a fever and tachycardia, or elevated heart rate, which are additional signs of chorioamnionitis, however, the doctor failed to diagnose or treat the infection at that time. The child began experiencing an elevated heart rate, another sign of chorioamnionitis, however, the doctor still failed to diagnose or treat the infection. The doctor went so far as to note the presence of these signs of infection but not treat it. Several hours later, the doctor prescribed incorrect antibiotics for the infection. By that time, the fetal heart rate tracings had deteriorated and were ominous for almost two consecutive hours. Although the mother was laboring during this entire time, there was arrest of descent and the child was eventually delivered via C-section. Initial blood gases in the NICU, after resuscitation, showed profound metabolic acidosis. She was started on a “cooling protocol” after consultation with the NICU at Children’s National Medical Center in Washington, D.C., where she was ultimately transferred. She was diagnosed with neonatal encephalopathy secondary to chorioamnionitis, persistent pulmonary hypertension, hypercalcemia, thrombocytopenia, cerebral, cerebellar, and brainstem hyperperfusion, cortical atrophy, and other damage to the brain.

The lawsuit alleges the defendants failed to properly and timely respond to the signs and symptoms of chorioamonionitis in the mother. The complaint also alleges that the defendants failed to respond to the concerning fetal heart rate tracings. The child is developmentally delayed and suffers from other serious injuries as a direct and proximate result of the defendants’ negligence. The child suffered permanent neurological injuries and damages during labor and delivery and will require significant medical care and treatment due to the effects of the severe brain injury she sustained.

The action is pending in the United States District Court for the District of Maryland, Southern Division.

December 4th, 2018 - Cook County, Illinois

FAILURE TO TIMELY AND PROPERLY TREAT – HYPOXIC-ISCHEMIC ENCEPHALOPATHY – LAWSUIT AGAINST WEST SUBURBAN MEDICAL CENTER

On December 4, 2018, WVFO attorneys Chris Norman and Jermaine Haughton filed a medical malpractice claim on behalf of a minor who suffered a hypoxic-ischemic brain injury.

According to the complaint, the child’s mother presented to West Suburban Medical Center in May of 2012 with complaints of contractions. The child’s mother was admitted to the labor and delivery department and was hooked to a fetal heart rate monitor and tocodynamometer. Although initial fetal heart rate tracings were reassuring, the child’s fetal heart rate tracings eventually developed concerning signs, including recurrent early and variable decelerations that eventually developed into late decelerations. The fetal heart rate tracings continued to deteriorate for several hours. Additionally, the mother’s cervix failed to progress for almost six hours before the defendants finally called for a caesarean delivery. The defendants continually noted the failure to progress but failed to diagnose the mother with arrest of labor. Once the cesarean delivery was ordered it took the defendants over an hour to fully perform the delivery. The baby was severely depressed at delivery and was delivered with significant caput succedaneum, which resulted from the seven and a half hours that the mother labored without progress. During that time, the contractions caused the fetal head to repeatedly impact the bony pelvis, causing injury to the fetal head. Given his depressed state at the time of birth, the child required total body cooling protocol.

The lawsuit alleges that the defendants failed to properly and timely respond to the mother’s cervical failure to progress and failed to respond to the non-reassuring fetal heart rate tracings. As a direct and proximate consequence of the negligent care and treatment rendered by the defendants, the child was not timely and safely delivered and was caused to suffer asphyxia, hypoxic-ischemic encephalopathy, brain damage, cerebral palsy, seizures, developmental delays, cognitive deficits, poor motor skills, and other permanent and disabling injuries and damages.

The action is pending in the Circuit Court for Cook County, Illinois.

October 26th, 2018 - Prince George’s County, Maryland

FAILURE TO TIMELY AND PROPERLY TREAT – HYPOXIC-ISCHEMIC BRAIN INJURY – LAWSUIT AGAINST WASHINGTON ADVENTIST HOSPITAL AND MEDSTAR MEDICAL GROUP

On October 26, 2018, WVFO attorneys Stephen Offutt and Robert Lewis filed a medical malpractice claim on behalf of a minor who suffered a hypoxic-ischemic brain injury.
According to the complaint, the child’s mother presented to Washington Adventist Hospital in September of 2014 in active labor. The child’s mother was admitted to the labor and delivery department and was eventually hooked to a fetal heart rate monitor over an hour after her admission. The child’s fetal heart rate tracings showed concerning signs that were not acted upon promptly. The situation deteriorated over time and the child was eventually delivered via caesarian section delivery. Eventually, initial cord blood gases demonstrated severe metabolic acidosis, with a 6.924 pH and -18 base excess. The infant required suctioning of meconium below the cords, positive pressure ventilation, and was intubated. The child was then transferred to Children’s National Medical Center where she was admitted for therapeutic hypothermia. Today, the child suffers from cerebral palsy as a result of hypoxic ischemic encephalopathy.

The lawsuit alleges the defendants failed to properly and timely respond to the child’s condition and failed to timely and properly treat the child’s deteriorating clinical status. As a result, the child is developmentally delayed and suffers from cerebral palsy. As a direct and proximate result of the defendants’ negligence, the child suffered permanent neurological injuries and damages during labor and delivery and will require significant medical care and treatment due to the effects of the severe hypoxic-ischemic brain injury she sustained.

The action is pending in the Circuit Court for Prince George’s County, Maryland.

October 19th, 2018 - Baltimore City, Maryland

NEGLIGENT PRESCRIPTION OF LOVENOX AND NEGLIGENT PERFORMANCE OF CONTRAST INJECTION – BLEEDING CAUSING DEATH – LAWSUIT AGAINST SINAI HOSPITAL OF BALTIMORE, INC.

On October 19, 2018, WVFO attorneys Keith Forman and Cecilia Lavrin filed a medical malpractice claim on behalf of a patient who died as a result of bleeding to death following negligent prescription of Lovenox and negligent performance of a contrast injection.
According to the complaint, in January of 2017, the decedent presented to Sinai Hospital of Baltimore with worsening left leg edema and unresolved cellulitis, which had been previously treated several days earlier with antibiotics at Sinai Hospital. Several days after her admission in January, the patient began complaining of shortness of breath and right sided chest pain. An EKG found a cardiac arrhythmia which was determined to be normal sinus rhythm with PVC’s. A D-dimer was ordered and returned elevated. A cardiologist at Sinai Hospital subsequently determined that her shortness of breath was either due to diastolic dysfunction or CHF exacerbation or a pulmonary embolus. He ordered that Lovenox 100 mg, SubQ every 12 hours, was to be given as a prophylaxis for possible deep vein thrombosis (DVT) or possible pulmonary emboli until it could be ruled out. This dose was greatly in excess of the recommended dose for an elderly patient with questionable kidney function, and who was at greater risk of bleeding due to her comorbidities of age and her prior history of stroke and hypertension. As a result of the elevated D-Dimer, a thoracic CT with IV contrast was attempted on January 23rd, however, the radiology technician inappropriately injected the contrast via powerjet, using the patient’s existing peripheral IV in her right arm without first ascertaining that the IV was fully patent or could withstand the forces of the contrast being injected at higher velocity and power. As a result, the IV likely blew a hole in her vein in the area of the right upper chest resulting in extravasation of the contrast and her developing an area of active bleeding into her right upper chest. Because she was on high doses of Lovenox and aspirin, the patient could not properly form a clot in the area of the perforation and continued to bleed into her chest. Within hours, the patient was complaining of pain and swelling of the shoulder region and had an evident increase in size of her right breast and chest wall and ecchymosis which was believed to be due to the contrast extravasation at the time of the CT study. Eventually, once a CBC was ordered, it was demonstrated that she was hypovolemic and likely bleeding. The patient had to be intubated due to her increasing altered mental status and her hypotension. Despite the efforts to improve her anemia and perfusion, the patient died.

The lawsuit alleges that the defendants negligently prescribed Lovenox despite the risk factors and negligently performed the contrast injection which eventually lead to severe complications. As a direct and proximate result of the defendants’ negligence, the patient died

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

October 19th, 2018 - Prince George’s County, Maryland

NEGLIGENT DELIVERY BY VACCUM – LAWSUIT AGAINST PRINCE GEORGE’S HOSPITAL CENTER

On October 19, 2018, WVFO attorney Keith Forman filed a medical malpractice claim on behalf of a minor who suffers from cerebral palsy.
According to the complaint, on the morning of May 18, 2011, the child’s mother was admitted to Prince George’s Hospital Center for suspected pre-term labor at only 27 weeks of gestation. Her pain was rated as 8 out of 10. The child was delivered by vacuum assisted delivery. She was 27 weeks and 2 days at the time of delivery. As of May of 2011, it was well established by the American College of Obstetricians and Gynecologists (ACOG), the Food and Drug Administration, the peer-reviewed medical literature, and the package inserts for vacuum devices, such as the MityVac and the KIWI vacuum, that it was inappropriate to use a vacuum to deliver a baby less than 34 weeks gestation. Thus, it was a clear deviation from the standard of care for the child to be delivered by vacuum.

The lawsuit alleges that in the newborn period, the child was diagnosed with intraventricular and periventricular hemorrhages, encephalomalacia, bilateral porencephalic cysts, parenchymal loss and hydrocephalus, in addition to respiratory distress, hyperbilirubinemia, thrombocytopenia and Stage 1 retinopathy of prematurity. Today, the child suffers from spastic quadriplegic cerebral palsy, visual impairment with optic atrophy, and global developmental delay. The child’s brain bleeds, brain damage, and cerebral palsy were directly and proximately caused by the dangerous and negligent decision to deliver by vacuum. Had the Defendants complied with the applicable standards of care, the child would be a normal, healthy child today.

The action is pending in the Circuit Court for Prince George’s County, Maryland.

October 19th, 2018 - Howard County, Maryland

FAILURE TO PROPERLY DIAGNOSE AND TREAT PRE-ECLAMPSIA – LAWSUIT AGAINST HOWARD COUNTY GENERAL HOSPITAL

On October 19, 2018, WVFO attorneys Keith Forman, Christopher Norman, and Jermaine Haughton filed a medical malpractice claim on behalf of a minor who suffers from significant development delay and cognitive and mental impairment.
According to the complaint, in the days immediately preceding the delivery on February 15, 2002, the child’s mother presented to the Howard County general Hospital with several key indicators of severe pre-eclampsia. Notwithstanding the mother’s complaints, which included serve migraines, and the other clinical presentations indicative of severe pre-eclampsia, the medical staff at Howard County General Hospital discharged on numerous separate occasions with instructions to follow-up with any changes. The next day after discharge, February 15, 2002, the mother was found on the floor in her home, unresponsive, and in a tonic-clonic eclampic seizure. She was taken back to Howard County General Hospital, where she was noted to be unresponsive with an abnormal blood pressure. She gave birth to twins, who were delivered via cesarean section shortly after the mother’s arrival at the hospital. Both twins were depressed at birth, and experienced seizures consistent with hypoxia and ischemia. The newborn summary indicates the provider’s impression of “perinatal distress,” which obviously resulted from the maternal eclampsia.
The lawsuit alleges that the defendants breached the standard of care by, among other things, failing to properly and timely diagnose and treat the mother for severe pre-eclampsia. The child suffers from significant neurodevelopmental and physical issues, including but not limited to static encephalopathy, severe autism, severe expressive and receptive communication disorder, and anxiety disorder secondary to the events of his birth. The child’s injuries were directly and proximately caused by the defendants’ negligence. Had the Defendants complied with the applicable standards of care, the child would be a normal, healthy child today.

The action is pending in the Circuit Court for Howard County, Maryland.

October 9th, 2018 - Cook County Illinois

FAILURE TO TIMELY AND PROPERLY TREAT – HYPOXIC-ISCHEMIC BRAIN INJURY – LAWSUIT AGAINST NORTHWESTERN MEMORIAL HEALTHCARE AND CENTEGRA HOSPITAL

On October 9, 2018, WVFO attorneys Keith Forman and Myles Poster filed a medical malpractice claim on behalf of a minor who suffered a hypoxic-ischemic brain injury.

According to the complaint, the child’s mother presented to Northern Illinois Medical Center in July of 2011 with spontaneous rupture of membranes. The child’s mother was admitted to the labor and delivery department and was hooked to a fetal heart rate monitor. Although initial fetal heart rate tracings were reassuring, the child’s fetal heart rate tracings eventually developed concerning signs, including variable decelerations that eventually developed into terminal fetal bradycardia, that were not acted upon promptly. The fetal heart rate tracings continued to deteriorate for over an hour. Eventually the child was delivered via an emergency Cesarean section delivery due to fetal bradycardia. Initial arterial cord gas revealed a pH of 7.29 and base excess of -5. Initial venous cord gas pH was 7.18 with a base excess of -11. The child’s first arterial blood gas sample showed metabolic acidosis with a pH of 7.10 and a base excess of -18. At the time of delivery, the child was described as being “gray/blue” in color, without respiratory effort, and hypotonic. Given his depressed state at the time of birth, the child required significant neonatal resuscitation including immediate intubation, chest compressions, and total body cooling protocol.

The lawsuit alleges the defendants failed to properly and timely respond to the child’s condition and failed to timely and properly treat the child’s deteriorating clinical status. As a result, the child is developmentally delayed and suffers from cerebral palsy. As a direct and proximate consequence of the negligent care and treatment rendered by the Defendants, the child was not timely and safely delivered and was caused to suffer severe brain injury, hypoxic-ischemic encephalopathy, developmental delays, cognitive deficits, and cerebral palsy, among other permanent and catastrophic injuries and damages.

The action is pending in the Circuit Court for Cook County, Illinois.

September 25th, 2018 - Baltimore County, Maryland

FAILURE TO PROPERLY TREAT GESTATIONAL HYPERTENSION AND PRE-ECLAMPSIA – LAWSUIT AGAINST ST. JOSEPH MEDICAL CENTER

On September 25, 2018, WVFO attorneys Keith Forman and Jermaine Haughton filed a medical malpractice claim on behalf of a minor who suffers from hypoxic-ischemic encephalopathy.
According to the complaint, on August 6, 2015, the child’s mother presented for a prenatal appointment at Capital Women’s Care at 37 weeks of gestation. She complained of decreased fetal movement, as she had in the recent past, and her blood pressure was notably elevated. As a result of the findings, the mother was transferred to St. Joseph Medical Center. At St. Joseph Medical Center, the child’s mother was diagnosed with gestational hypertension in a patient at or beyond 37 weeks gestation. According to the American College of Obstetrics and Gynecologists’ Task Force on Hypertension in Pregnancy, published in 2013: “For women with mild gestational hypertension or preeclampsia without severe features at or beyond 37 weeks and 0 days of gestation, delivery rather than continued observation is suggested.” Under these circumstances, the standard of care required that the child’s mother be admitted for delivery. Nonetheless, the medical staff at St. Joseph Medical Center negligently ordered that the mother be discharged from the hospital and return for her next prenatal appointment. In doing so, the defendants breached the standard of care. Four days later, on August 10, 2015, the mother gave birth to the child via an emergency cesarean section performed at St. Joseph Medical Center. The indication for the cesarean section is listed as “non-reassuring fetal status.” The child was transferred to the University of Maryland Medical Center in “critical condition,” where he was hospitalized from August 10, 2015 until September 9, 2015 and underwent cooling therapy for hypoxic-ischemic encephalopathy. Post-cooling head imaging showed brain damage consistent with injury from HIE.

The lawsuit alleges that the child suffers from significant neurodevelopmental and physical issues, including but not limited to microcephaly, sensorineural hearing loss, spasticity, tremors, strabismus, lateral rectus palsy, left amblyopia, otitis media, 6th nerve palsy of the left eye, tibial torsion (bilateral), contracture of both Achilles tendons, esotropia, hypoxic ischemic encephalopathy, femural anteversion, seizures, inability to stand on his own, inability to walk on his own, developmental delays, delays in fine and gross motor skills. The child’s injuries were directly and proximately caused by the defendants’ negligence. Had the Defendants complied with the applicable standards of care, the child would be a normal, healthy child today.

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

September 11th, 2018 - Muscogee County, Georgia

FAILURE TO ADVISE – BED SHARING AND HYPOXIC ISCHEMIC BRAIN INJURY – LAWSUIT AGAINST COLUMBUS REGIONAL HEALTH MIDTOWN MEDICAL CENTER

On September 11, 2018, WVFO attorneys Keith Forman and Jermaine Haughton filed a medical malpractice claim on behalf of a child who suffered a hypoxic ischemic brain injury.

According to the complaint, the child’s mother gave birth to the child at Columbus Regional Health Midtown Medical Center in an uncomplicated vaginal delivery in September of 2016. The child had a normal newborn course and was healthy appearing upon discharge. The mother and child were eventually discharged but were never properly informed about the risks of bed sharing and SIDS as is required by the standard of care. Shortly after birth and discharge, the child was rushed to the emergency department due to respiratory difficulty after bed sharing with his mother and was diagnosed with severe hypoxic ischemic encephalopathy, congenital laryngomalacia, anemia, acute respiratory failure with hypoxemia, coagulopathy, acute kidney failure, convulsions, seizures, hemorrhagic disease, intracranial hemorrhages, transitory hyperammonemia, melena, glycosuria, hepatomegaly, newborn esophageal reflux, metabolic acidosis, and acute renal insufficiency.

The lawsuit alleges the defendants failed to properly advise the mother of the risks of bed sharing and SIDS. As a direct and proximate result of the defendants’ negligence, the child suffers from cerebral palsy and developmental delay as a result of his hypoxic-ischemic brain injury. He is unable to walk. He has significant speech delays, and his vision is impaired.

The action is pending in the State Court of Muscogee County, Georgia.

August 15th, 2018 - Baltimore County, Maryland

FAILURE TO PROPERLY TREAT – EXCESSIVE BLEEDING CAUSING DEATH – LAWSUIT AGAINST MID-ATLANTIC PERMANENTE MEDICAL GROUP, P.C.

On August 15, 2018, WVFO attorneys Keith Forman and Myles Poster filed a medical malpractice claim on behalf of a patient who died as a result of bleeding to death following surgery.

According to the complaint, in September of 2017, the decedent presented to Greater Baltimore Medical Center for a pre-surgical examination with a pre-operative diagnosis of cholelithiasis, otherwise known as gallstone formation. The procedure she was to undergo was laparoscopic cholecystectomy. When she presented for the surgery shortly thereafter, her problem list at the time of admission included: 1) sickle cell disease; 2) sickle cell crisis; and 3) chronic cholecystitis with calculus. The operative report noted that following removal of the gallbladder, the surgeon irrigated the surgical site and sealed off “the gallbladder where some aggressive bleeding had been seen previously.” Within an hour of surgery, the patient became hypotensive with a markedly abnormal respiratory rate. The patient’s clinical status began rapidly deteriorating with the re-onset of hypotension, and abnormal respiratory rate, as well as tachycardia. She became unresponsive and was transferred to the SICU hypotensive with an increased respiratory rate and the onset of hypoxia. She was eventually transferred to the operating room for an emergent laparotomy for suspected liver laceration. The patient continued to bleed from multiple areas and remained unresponsive until she ultimately passed away from her injuries. The surgeon subsequently altered his medical notes in an attempt to remove the reference to “aggressive bleeding” that was noted in the operative report.

The lawsuit alleges that the defendants failed to properly and timely respond to and treat the aggressive bleeding that was noted during the initial operation. As a result, the patient died from excessive blood loss. As a direct and proximate result of the defendants’ negligence, the patient died.

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

August 1st, 2018 - County of Wayne, Michigan

FAILURE TO TIMELY AND PROPERLY TREAT – CHORIOAMNIONITIS – LAWSUIT AGAINST ST. JOHN HOSPITAL AND MEDICAL CENTER

On August 1, 2018, WVFO attorneys Keith Forman, Stephen Offutt, and Robert Lewis filed a medical malpractice claim on behalf of a minor who suffers from cerebral palsy.
According to the complaint, in July of 2013, the child’s mother began to experience “sharp, non-radiating lower abdominal pain,” which was localized in the right and left lower quadrants of her abdomen. The pain continued throughout the morning and an ambulance arrived and transported her to St. John Hospital and Medical Center. Shortly after her arrival, she was discharged without a diagnosis. A few hours after her discharge, she returned to the hospital again complaining of lower abdominal pain. She was eventually discharged approximately two days later with a diagnosis of false labor and urinary tract infection. Two days after this second discharge, the mother returned to the hospital a third time complaining of pain and uterine contractions. The child’s mother was hooked to a fetal heart rate monitor and was eventually treated for chorioamnionitis, which is intra-amniotic infection. The fetal heart rate tracing was non-reassuring for an extended period and the child was eventually delivered via caesarian section delivery. The delivery summary noted that the mother’s membranes had ruptured several days prior. The child was diagnosed with and suffers from cerebral palsy, hypertonia, cognitive deficits, developmental delays, and breathing issues.

The lawsuit alleges the defendants failed to properly and timely respond to the child’s condition and failed to timely and properly treat the child’s deteriorating clinical status. As a result, the child is developmentally delayed. As a direct and proximate result of the defendants’ negligence, the child suffers from permanent physical and mental impairments that she will never recover from, and which will require a lifetime of care and treatment.

The action is pending in the Circuit Court for the County of Wayne, Michigan.

July 16th, 2018 - Beltami County, Minnesota

FAILURE TO TIMELY AND PROPERLY TREAT – HYPOXIC-ISCHEMIC BRAIN INJURY – LAWSUIT AGAINST SANFORD CLINIC NORTH AND SANFORD BEMEDJI MEDICAL CENTER

On July 16, 2018, WVFO attorney Stephen Offutt filed a medical malpractice claim on behalf of a minor who suffered a hypoxic-ischemic brain injury.
According to the complaint, the child’s mother was admitted to Sanford Bemidji Medical Center in labor in May 2017. The child’s mother was admitted to the labor and delivery department and was eventually hooked to a fetal heart rate monitor. The fetal heart rate tracing was non-reassuring for an extended period and despite growing signs of fetal distress, there is no evidence that intrauterine resuscitative measures were employed in an attempt to normalize the fetal heart rate or re-oxygenate the baby in utero. The situation deteriorated over time and the child was eventually delivered spontaneously. The child was diagnosed with acute respiratory failure secondary to hypoxic ischemic encephalopathy.

The lawsuit alleges the defendants failed to properly and timely respond to the child’s condition and failed to timely and properly treat the child’s deteriorating clinical status. As a result, the child is developmentally delayed due to the severe hypoxic-ischemic injury. As a direct and proximate result of the defendants’ negligence, the child suffers from permanent physical and mental impairments that she will never recover from, and which will require a lifetime of care and treatment.

The action is pending in the District Court of Beltrami County, Minnesota.

July 11th, 2018 - Baltimore City, Maryland

FAILURE TO TIMELY AND PROPERLY TREAT – HYPOXIC-ISCHEMIC BRAIN INJURY – LAWSUIT AGAINST JOHNS HOPKINS BAYVIEW MEDICAL CENTER

On July 11, 2018, WVFO attorneys Keith Forman and Myles Poster filed a medical malpractice claim on behalf of a minor who suffered a hypoxic-ischemic brain injury.

According to the complaint, the child’s mother presented to Johns Hopkins Bayview Medical Center in November 2017 with complaints of uterine contractions. The child’s mother was admitted to the labor and delivery department and was eventually hooked to a fetal heart rate monitor. The fetal heart rate tracing was non-reassuring with minimal variability and repetitive decelerations that continued showing characteristics consistent with late decelerations. Despite growing signs of fetal distress, there is no evidence that intrauterine resuscitative measures were employed in an attempt to normalize the fetal heart rate or re-oxygenate the baby in utero. Given the persistent non-reassuring fetal heart rate tracing, the healthcare providers should have moved toward cesarean delivery or attempted to confirm fetal well-being through a biophysical profile. However, in violation of the applicable standards of care, no intrauterine resuscitative measures were attempted, no cesarean section was offered, and no additional testing was undertaken to confirm fetal well-being. The situation deteriorated over time and the child was eventually delivered via caesarian section delivery. In the immediate newborn period, the child was diagnosed with shock, metabolic acidosis, respiratory failure, hypovolemia, anemia, renal failure, intraventricular hemorrhage, ventriculomegaly, evolving severe periventricular leukomalacia, and microcephaly, among other diagnoses.

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

June 22nd, 2018 - St. Mary's County, Maryland

FAILURE TO TIMELY AND PROPERLY TREAT – HYPOXIC-ISCHEMIC BRAIN INJURY – LAWSUIT AGAINST ST. MARY’S HOSPITAL OF ST. MARY’S COUNTY, INC.

On June 22, 2018, WVFO attorneys Stephen Offutt and Richard Martell filed a medical malpractice claim on behalf of a minor who suffered a hypoxic-ischemic brain injury.
According to the complaint, the child’s mother presented to the emergency department of the Medstar St. Mary’s Hospital in November 2016 in active labor. The child’s mother was admitted to the labor and delivery department and was eventually hooked to a fetal heart rate monitor. The child’s fetal heart rate tracings showed concerning signs that were not acted upon promptly. The situation deteriorated over time and the child was eventually delivered via caesarian section delivery. Eventually, umbilical artery blood gases were taken with a pH result of 6.83 and a base excess result of -18.8. The placenta was examined by a pathologist who found there was acute chorioamnionitis associated with reactive cellular changes, placental infarction, and interstitial hemorrhage. Today, the child suffers from spastic quadriplegic cerebral
palsy as a result of hypoxic ischemic encephalopathy.

The action is pending in the United States District Court for the District of Maryland, Southern Division.

June 12th, 2018 - Baltimore City, Maryland

IMPROPERLY PERFORMED LUMBAR PUNCTURE – LAWSUIT AGAINST JOHNS HOPKINS HOSPITAL

On June 12, 2018, WVFO attorneys Christopher Norman and Keith Forman filed a medical malpractice claim on behalf of a patient who suffered severe and extreme back and leg pain and impaired mobility as a result of an improperly performed lumbar puncture.
According to the complaint, the patient presented to the emergency department at Johns Hopkins Hospital at approximately 7:30 p.m. on Thursday, July 27, 2017 with complaints of dehydration, general weakness, vomiting, headache, and palpitations since being exposed outdoors the prior Sunday. She was then seen in the emergency department. An emergency department evaluation was completed and noted that the patient had a history of scoliosis. Eventually, a lumbar puncture was performed to evaluate for infection. The patient reported extreme pain in her back after the lumbar puncture but was nonetheless discharged home that day. The patient then presented to the emergency department several times over the following months and reported severe pain at the site of the lumbar puncture as well as pain shooting down her legs, and up into her neck.

The lawsuit alleges the defendants failed to completely and thoroughly evaluate the patient and performed an unnecessary lumbar puncture. The lawsuit further alleges that the defendants failed to adequately and appropriately obtain informed consent from the patient. As a direct and proximate result of the defendants’ negligence, the patient suffered spinal injuries, severe pain, impaired mobility, and impaired strength and will require significant medical care and treatment due to the effects of these injuries.

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

June 5th, 2018 - Montgomery County, Maryland

FAILURE TO TIMELY AND PROPERLY PERFORM HYSTERECTOMY – LAWSUIT AGAINST CAPITOL WOMEN’S CARE, LLC AND HOLY CROSS HEALTH, INC.

On June 5, 2018, WVFO attorneys Keith Forman and Sarah Smith filed a medical malpractice claim on behalf of a mother who suffered a hemorrhage, cardiac arrest, acute kidney injury, a stroke, and end stage renal failure as a result of an improperly performed hysterectomy.
According to the complaint, the mother presented to Capitol Women’s Care, LLC for prenatal care over the course of several months during her pregnancy. Over the course of her pregnancy, there were concerns noted by the defendants for placenta previa and placenta accreta, which is a serious pregnancy condition that occurs when the placenta grows too deeply into the uterine wall and can cause severe blood loss. The mother eventually presented to Holy Cross Health, Inc. with severe vaginal bleeding and was taken into the operating room for a caesarian section delivery and subsequent hysterectomy. During the hysterectomy, the mother lost a significant amount of blood which caused serious injuries.

The lawsuit alleges the defendants failed to utilize an appropriately qualified and experienced medical team to manage the delivery and subsequent hysterectomy and failed to timely ensure that the mother was hemodynamically stable. As a direct and proximate result of the defendants’ negligence, the mother suffered a hemorrhage, cardiac arrest, acute kidney injury, a stroke, and end stage renal failure and will require significant medical care and treatment due to the effects of these injuries.

The action is pending in the Circuit Court for Montgomery County, Maryland.

May 24th, 2018 - Dallas County Texas

FAILURE TO TIMELY AND PROPERLY TREAT – HYPOXIC-ISCHEMIC BRAIN INJURY – LAWSUIT AGAINST TEXAS HEALTH PRESBYTERIAN HOSPITAL

On May 24, 2018, WVFO attorneys Keith Forman and Myles Poster filed a medical malpractice claim on behalf of a minor who suffered a hypoxic-ischemic brain injury.

According to the complaint, the child’s mother presented to the emergency department of Texas Health Presbyterian Hospital in June 2016 with a chief complaint of leaking fluid. The child’s mother was admitted to the labor and delivery department and was eventually hooked to a fetal heart rate monitor. The child’s heart rate was noted to decrease and then suddenly increase prior to delivery while still in utero. There was eventually a downward shift in the fetal heart rate baseline with later decelerations indicating growing concern for fetal hypoxia and intolerance to labor. The child was delivered through terminal thick meconium with a tight nuchal cord wrapped around her neck. Eventually, it was documented that the child’s head was “elongated with significant molding, mild caput and bruising,” evidencing the effects of intrapartum cranial pressure. The child was determined to have suffered a hypoxic-ischemic brain injury.

The lawsuit alleges the defendants failed to properly and timely respond to the child condition and failed to timely and properly treat the child’s deteriorating clinical status. As a result, the child is developmentally delayed and suffers from ongoing seizures. As a direct and proximate result of the defendants’ negligence, the child suffered permanent neurological injuries during labor and delivery and will require significant medical care and treatment due to the effects of the severe hypoxic-ischemic brain injury she sustained.

The action is pending in the District Court in Dallas County, Texas.

May 5th, 2018 - Newcastle County, Delaware

FAILURE TO TIMELY AND PROPERLY TREAT – HYPOXIC-ISCHEMIC BRAIN INJURY – LAWSUIT AGAINST BAYHEALTH MILFORD MEMORIAL HOSPITAL

On May 23, 2018, WVFO attorneys Keith Forman, Mary McNamara Koch, and Sarah Smith filed a medical malpractice claim on behalf of a minor who was not properly treated when he presented as critically ill and in need of aggressive treatment for renal dysfunction, hypokalcemia, hyponatermia, and volume depletion.

According to the complaint, the child presented to the emergency department of Bayhealth Milford Memorial Hospital in July 2016 with persistent vomiting and diarrhea. Initial vital signs showed that the child had a fever and an elevated heart rate. The child’s lab results contained several abnormal findings and the defendants continually documented that the child was lethargic and had dry lips and an elevated heart rate. Despite receiving approval from the child’s mother to transfer the child to another facility for a higher level of care, the transfer was not effectuated until several hours later. While waiting to be transferred, the child began to crash and desaturate. The child was also noted to have apnea and tachypnea, or abnormal breathing. Eventually, it was determined that the child had suffered metabolic acidosis and MRI findings were determined to be most consistent with a hypoxic-ischemic brain injury. The child was eventually diagnosed with hypoxic-ischemic encephalopathy.
The lawsuit alleges that the defendants failed to properly and timely respond to the child’s condition and failed to timely and properly treat the child’s deteriorating clinical status. As a result, the child is developmentally delayed. He has significant spasticity and tone issues. He is non-verbal and non-ambulatory. The child’s family anticipates a diagnosis of cerebral palsy and resultant life-long disabilities for the child. Had the defendants properly and timely treated the child’s condition and deteriorating clinical status, the child would have more likely than not fully recovered with no permanent damage.

The action is pending in the Superior Court for Delaware in and for New Castle County.

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