This delayed C-section birth injury claim was filed in Baltimore City when physicians failed to perform a C-section in time, causing a baby to suffer permanent brain damage. It was filed in Health Claims Arbitration on January 26, 2018, and it is the 47th medical malpractice case filed in Maryland this year. This suit is the 3rd birth injury claim filed in Maryland this year.Summary of Plaintiff's Allegations
A woman, 35 weeks pregnant, presented to the University of Maryland Medical Center (UMMC), believing that she was in labor. After consulting with a midwife, the decision was made to monitor the woman for two hours. After one hour of observation, the fetal heart rate was noted to be decelerating. The decelerations continued over the next three hours until the physicians finally decided to perform a C-section.
The baby was born with a heart rate of fewer than 100 beats per minute with Apgar scores of 3 and 7. She was also sluggish, floppy, and experiencing leg tremors. Later, a head CT confirmed thalamic and subthalamic hyperdense areas consistent with hypoxic-ischemic encephalopathy, meaning that she had experienced severe oxygen deprivation during delivery.
Before her discharge home, the baby spent six days at the Mt. Washington Pediatric Hospital with diagnoses that included hypoxic-ischemic encephalopathy, reduced resistance to passive joint movement, an abnormally small head, and absent gag and sucking reflex. All of these diagnoses are indicative of severe brain damage. The baby returned to the Pediatric Hospital several times over the following year for continued care and treatment.
Tragically, the child continues to suffer from her brain injury. She is wheelchair-bound, has a tracheostomy, and is unable to speak. She requires nursing assistance and is permanently dependent.Additional Comments
Hypoxic-ischemic encephalopathy (HIE) is a brain injury caused by oxygen deprivation in the brain. A variety of events during the labor and delivery process can cause fetal oxygen deprivation, such as stress, a pressure to the cranium, or umbilical cord complications, so it is important for physicians to pay close attention to the electronic fetal monitor. A fetus can deal with brief moments of oxygen depletion, but long periods of time without oxygen to the brain can cause permanent brain tissue destruction. Once the fetus shows signs of distress, physicians have to determine whether an emergency C-section would be a safer delivery option.
The claimant's two expert witnesses in neonatology and obstetrics/gynecology both believe that the baby's injuries could have been avoided if she had been delivered via C-section in a timely manner.
The defendant doctor found himself in the news many years ago when he performed as many as 10 abortions (he says 5) on three daughters without reporting to social services the possibility of abuse. The father was later convicted of raping his daughters over a 9 year period.
- Baltimore City
- An OB/GYN
- University of Maryland Medical System Corporation d/b/a University of Maryland Medical Center
- University of Maryland Medical Center
- Mt. Washington Pediatric Hospital
- Failing to appreciate the significance of the ongoing fetal distress, evidenced by severe decelerations down to levels of 60 heartbeats per minute with decreased or absent beat-to-beat variability.
- Failing to perform a timely C-section.
- As a result of the defendants' negligence, the minor claimant suffered a permanent brain injury that will prevent her from obtaining gainful employment or caring for herself independently.
- Marcus Hermansen, M.D., neonatology
- Martin Gubernick, M.D., obstetrics and gynecology
Have you suffered a hospital injury due to the negligence of a doctor? Miller & Zois can help you. Call us at 800-553-8082 and speak to one of our medical malpractice attorneys who can help you or get an online case review.More Malpractice Claim Information
- View sample verdicts and settlements from Baltimore City
- Take a look at other types of birth injury claims.
- Learn how to calculate the settlement value of a birth injury claim.
- HIE frequently asked questions
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- Failure to perform C-section lawsuit against St. Agnes
- Yet another delayed C-section Lawsuit filed in January 2018
- Incredibly, one more delayed Caesarean-section lawsuit in January 2018