Magee Women’s Hospital of UPMC in Allegheny County, Pennsylvania is facing a birth injury malpractice lawsuit alleging hospital negligence in the delivery of a baby who suffered severe brain injuries on July 26th, 2011.
The complaint was filed on November 6th 2013 in the Court of Common Pleas.
It seemed like an uneventful pregnancy, says Pittsburgh plaintiff
The Pittsburgh resident said she was treated during her pregnancy by Defendant Dr. Robert J. Kaminski of Magee Women’s Hospital throughout 2011. The healthy plaintiff had no preexisting conditions, was taking a prenatal vitamin and iron supplement, and generally followed her doctor’s orders. Four ultrasounds all came back normal. At 35 weeks, she experienced a spontaneous rupture of membranes at home and went to Magee, where she was induced at 6:30 a.m. on July 25th.
Heart-wrenching birth injury malpractice lawsuit chronicles botched delivery
The plaintiff endured a difficult 27 hours of labor, during which monitoring showed her baby’s heart rate was compromised. Dr. Kaminski noted on the plaintiff’s chart that there was dystocia and an infant heart rate that was “less reassuring.” At 9:44 a.m. on July 26th, the anesthesiologist showed up for a “probable semi-emergent c-section.”
Rather than proceeding with this birth plan, Dr. Kaminski unsuccessfully attempted to extract the baby using forceps. Finally, the baby was removed by c-section, but emerged with classic signs of fetal asphyxia and hypoxic ischemic encephalopathy — a condition where the baby’s brain does not receive enough oxygen, leading to cell death. Trauma from the forceps – including bleeding beneath the skull cap and brain swelling – were evident once metabolic or genetic disorders had been ruled out. The infant also suffered seizures, which required him to remain in the intensive care unit for three weeks.
Lawsuit details severe birth injuries for Pittsburgh minor
For the next month, his care was then transferred to The Children’s Home of Pittsburgh and Lemieux Family Center, where he was diagnosed with developmental delay, respiratory distress syndrome, hypoxic ischemic encephalopathy, seizure disorder, vision deficits and cerebral palsy. The Children’s Hospital Cerebral Palsy Clinic treated the child with occupational, physical, speech, vision and developmental therapy.
However, at age 2, he still cannot sit up or walk on his own. His weight is low and his prognosis is grim. Doctors say he will suffer from low IQ, developmental delays, neurological deficits, speech difficulties and disability for the rest of his life. He will never be able to walk and requires continuous care for his special needs.
Magee is sued for hospital negligence in life-long disability case
The child’s mother is suing Magee hospital for:
- Failing to deliver the minor in a timely fashion
- Failing to perform a timely c-section
- Failing to recognize the signs of fetal compromise
- Attempting a forceps delivery
- Failing to ensure hospital staff were trained to detect fetal compromise
- Failing to supervise medical staff attending to the plaintiff, and
- Failing to properly document complete details of the labor.
The plaintiff is seeking compensation for past, ongoing and future medical expenses for her disabled child, as well as specialized education classes. She is also seeking damages for emotional pain and suffering, loss of enjoyment of life, loss of income, embarrassment and humiliation, emotional distress, and rehabilitative equipment.
- NYU Langone Center – Hypoxic Ischemic Encephalopathy, http://www.med.nyu.edu/content?ChunkIID=230598
- CerebralPalsy.org – What Causes Cerebral Palsy? http://cerebralpalsy.org/about-cerebral-palsy/cause/
