Newborn Brain Injury Due To Delayed Delivery
Lawsuit Against Corpus Christi Medical Center Bay Area
On July 26, 2022, WVFK&N attorneys Keith Forman and Myles Poster filed a medical malpractice claim on behalf of a newborn who suffered an avoidable brain injury.
The complaint alleges that the child’s mother presented to Corpus Christi Medical Center Bay Area, at approximately 11:58 p.m. on August 16, 2020, for elective induction of labor. She was 40 weeks and 2 days of gestation at that time. She was connected to electronic fetal monitoring shortly after her arrival and the initial tracing demonstrated reassuring fetal status and an adequately oxygenated and neurologically intact baby. The induction took an extended period of time and the fetal heart rate tracings began showing signs of distress at approximately 8:15 a.m. On August 18, 2020, after more than full day of attempted induction. The tracing eventually deteriorated, with evidence of tachycardia and recurrent variable decelerations that evidenced inadequate oxygenation to the baby. In recognition of these concerning de-oxygenation signs, the nurse began employing intra-uterine resuscitative measures, indicating her understanding for the need to improve fetal oxygenation. The mother also became tachycardic as well. This situation continued for more than twelve hours until 10:05 p.m. on August 18, 2020, when the baby was delivered via vaginal delivery. At the time of birth, the baby was severely depressed with no tone, cry, or respiratory effort for which immediate neonatal resuscitative measures were implemented. His APGAR scores were 1 and 6 at 1 and 5 minutes respectively. A brain MRI performed on August 24, 2020 was reported as showing evidence of abnormal signal in the corpus callosum, right, middle, and left posterior lateral ventricle, and subcortical white matter consistent with hypoxic-ischemic injury. The child also suffered from seizures in the NICU. He was ultimately diagnosed with hypoxic ischemic encephalopathy in the NICU. The child has gone on to be diagnosed with and now suffers from (1) hypoxic-ischemic encephalopathy (2) global developmental delays, and (3) cerebral palsy.
The lawsuit alleges that the injuries were a result of the negligence of Corpus Christi Medical Center Bay Area and its employees in failing to timely respond to concerning clinical signs and failing to timely deliver the baby.
The action is pending in the District Court for Nueces County, Texas.
