Chorioamnionitis Fetal Membrane Infection Lawsuits

There are countless potential complications to consider in any pregnancy. One condition that affects both mother and child is chorioamnionitis, an often-missed infection that can occur prior to or during labor. Chorioamnionitis is the culprit in half of all preterm births and more than a third of stillbirths involve chorioamnionitis.

While treatable, this illness can have deadly serious consequences if not properly diagnosed during a pregnancy. Immediate and long-term effects of chorioamnionitis for the baby include fetal mortality, neonatal intensive care admission, chronic lung disorders and cerebral palsy. Here are the important facts you need to know.

What is Chorioamnionitis?

Chorioamnionitis is a bacterial infection to the amniotic fluid and the membranes surrounding the fetus (the outer membrane known as the chorion and the fluid-filled sac known as the amnion). When bacteria - such as E. Coli -- present in the vagina travels toward the uterus, it may develop into a severe infection affecting both the mother and her fetus. Symptoms of chorioamnionitis can include a fever, discolored/foul-smelling vaginal discharge, and an unusually quick heartbeat. Those at risk for the condition include first time mothers, pregnant women under 21 years old, and women who are experiencing an unusually long labor. Although most commonly seen in preterm births, chorioamnionitis can also occur in full-term births.

Chorioamnionitis causes an inflammatory response of cytokines that are cell signaling molecules.  This inflammatory response targets the periventricular white matter in the fetus, causing periventricular leukomalacia or PVL. The periventricular white matter is highly vulnerable to injury between the gestational age of 23 and 32 weeks.  White matter is crucial for all of us and damage to it causes a host of maladies, including It is this damage to the white matter the cause of the cerebral palsy

What Causes Chorioamnionitis?

Chorioamnionitis is caused by a bacterial infection. This infection usually begins in the birth mother's vagina.

How Does This Affect You and Your Child?

For pregnant women, chorioamnionitis carries a host of potentially serious complications. These include excessive bleeding during delivery, blood clots to the pelvis or lungs, and an increased likelihood of Caesarean delivery. Chorioamnionitis can cause fetal mortality, neonatal intensive care admission, chronic lung disorders and cerebral palsy.

Chorioamnionitis occurs in up to 2% of births in the United States. Chorioamnionitis is responsible for approximately half of all preterm births. The condition can also cause a bacterial blood infection (known as bacteremia) in up to 12% of women with the chorioamnionitis. For the fetus, an untreated chorioamnionitis infection may result in bacteremia or pneumonia. In rare cases, the condition can cause meningitis leading to developmental disability, deafness or death.

How can it be Treated?

Preventative care is key during your pregnancy: This includes appropriate bacterial screenings and keeping invasive vaginal examinations at a minimum. Immediate treatment for chorioamnionitis is crucial in order to reduce a patient's fever and diminish the likelihood of infection or birth complication for the fetus. Expectant mothers are commonly placed on intravenous antibiotics, including penicillin and gentamicin. While chorioamnionitis is a serious condition, it rarely compromises future fertility and does not usually require outpatient treatment after discharge.

Sample Verdicts and Settlements in Chorioamnionitis Cases

Child During Delivery Below are just a handful of examples of the catastrophic toll this condition can take during pregnancy. There is not a defined settlement value of chorioamnionitis birth injury claims. These cases are rare and, ultimately, the key is the injuries to the child and whether the obstetrician or pediatrician could have solved the problem if he had properly diagnosed the concern.

The key for the obstetrician and pediatricians is clinical observation and getting prompt and accurate labs. You also need to see when a child is in distress during the birthing process. Clearly, you want to avoid giving a child antibiotics whenever you can. But there comes a point where a reasonable doctor has to act to protect the child from sepsis and brain injuries by delivering the child quickly (usually by C-section) or to deliver antibiotics when the infection is threatening the mother or child.

With respect to the failure to perform a Caesarean section, defense lawyers for obstetricians argue that there is support for the argument that chorioamnionitis alone is not cause for a C-section. Defense lawyers also argue that in real time an obstetrician is able to make a diagnosis of chorioamnionitis based only on presenting clinical information and does not have the hindsight benefit of placental pathology. This might be true. But the reality is that if the baby does suffer an injury, the likelihood is that if you look at the fetal heart monitor strips, you will find a baby that was clearly in distress. If chorioamnionitis is thought to be the cause of an abnormal fetal heart rate tracing, the standard of care requires the removal of the fetus. Most successful chorioamnionitis medical malpractice lawsuits involve the allegation that the doctor should have delivered the baby soon.

Another issue in these cases is Pitocin. This is a drug that is meant to accelerate delivery. Where there is a change in the fetal heart rating tracing to tachycardia - especially if there is a maternal fever or a suspicion of chorioamnionitis, the Pitocin should be turned down. If chorioamnionitis is a suspected cause of fetal tachycardia, repeated hyperstimulation will further compromise the baby.

California: Hsieh v. Foong, M.D. Date unknown. $8,357,921 million verdict.

While experiencing labor complications, an obstetrician ignored requests for help from nursing staff. It was eventually determined that the patient suffered from chorioamnionitis and required an emergency Caesarean delivery. The child was born with severe, permanent brain damage as a result. In their suit, the plaintiff alleged that the doctor's perform the C-section delivery sooner enabled the newborn's injuries. A jury awarded the plaintiff over $8 million in damages.

Michigan: Case caption unknown. October, 2015. $3.5 million settlement.

31 weeks into her pregnancy, a woman was hospitalized for an infection. The mother was discharged but re-admitted twice when her symptoms worsened. After the child was delivered, it was determined that the newborn suffered from epilepsy, cerebral palsy and cortical blindness. In their suit, the plaintiffs alleged that the health care providers' failure to properly consider records from the mother's three separate hospital admissions. They alleged these records demonstrated that the mother had developed chorioamnionitis arising from an untreated vaginal/cervical infection. The plaintiffs held that the child should have been delivered sooner in order to prevent injury to the fetus. They cited a pathologist's examination, which confirmed that an infection had spread from the placenta to the umbilical cord. The defense denied any departure from the standard of care in their actions. During trial, the parties agreed to a settlement.

Wisconsin: Craig v. Steingraeber. Date unknown. $3.2 million verdict.

At 34 weeks, a pregnant woman suffered a ruptured membrane. Although a Cesarean-section was eventually performed, the infant was delivered prematurely and diagnosed with brain damage. In a lawsuit, the plaintiff alleged that her doctors' failure to properly monitor for a chorioamnionitis infection resulted in her child's birth injury. The plaintiff was ultimately awarded $3.2 million in damages.

California: Seibert v. Facey Medical Group. January, 2000. Defense verdict.

Early in her pregnancy, a 31-year-old woman was prescribed a topic ointment for bacterial vaginosis. When her son was delivered, it was discovered to suffer from severe cognitive impairment from chorioamnionitis. The patient sued her doctor, alleging that he should have prescribed an oral antibiotic treatment for the infection. She also alleged that the defendants failed to perform necessary follow testing. At trial, the defendants argued that the chorioamnionitis had completely resolved prior to the child's birth. They further maintained there was no link between her son's condition and the initial infection. At the conclusion of the trial, the jury found in favor of the defense. As you can see from these defense verdicts, the post-birth lawsuits against the pediatrician typically have less success than the birth injury lawsuits against the obstetricians.

Getting Help for Your Chorioamnionitis Claim

If you believe your child has suffered a perinatal or neonatal stroke that could have been prevented, you may have a medical malpractice case. You and your child may be entitled to receive compensation. We can help you figure out your options. If you think your child may have been negligently harmed by a doctor or nurse's mistake, call us at 800-553-8082 or get a free online consultation.

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