On December 3, 2015, a Missouri couple filed a medical malpractice lawsuit in federal court, alleging that two OBs responsible to provide appropriate and timely medical care during the birth of their son committed medical malpractice leading to their son suffering a severe and permanent brain injury due to the lack of adequate oxygen to the baby’s brain during labor and delivery..
The Alleged Underlying Facts
The Missouri medical malpractice plaintiffs allege that one of the two OBs knew that the mother was high risk and therefore needed to provide appropriate medical care but negligently failed to provide such care.
The plaintiffs allege that the two OBs, who were federally-funded and therefore the plaintiffs had to bring their medical malpractice action against the United States in federal court pursuant to the provisions of the Federal Tort Claims Act, failed to order and/or place a fetal electrode on the baby’s scalp during labor and delivery, failed to timely and adequately monitor the fetal heart rate, failed to proper administer, monitor, and discontinue Pitocin, and failed to timely deliver the baby by Cesarean delivery at the appropriate time.
The plaintiffs’ Missouri medical malpractice lawsuit further alleges that the OBs failed to timely and appropriately diagnose and treat the knot in the umbilical cord.
The baby suffered cerebral hypoxia, allegedly due to the failure of the OBs to perform a timely Cesarean section delivery after signs and symptoms that the baby was suffering fetal distress in utero as evidenced by profound decelerations in the baby’s heart rate. One of the two OBs allegedly failed to communicate to the other OB the serious and dire circumstances faced by the baby that required immediate C-Section delivery and instead waited until the second OB appeared in the operating room.
The plaintiffs allege that the medical negligence of the two OBs led to their baby suffering hypoxic encephalopathy that affects their son’s fine and gross motor skills and has resulted in cognitive impairment and developmental delays. The now three-year-old also has a history of suffering from seizures.
The parents allege that their son’s catastrophic injuries and impairments are permanent in nature and that he will require care and services for the rest of his life, for which they seek up to $15 million in compensatory damages.
Because the Missouri parents’ medical malpractice lawsuit was filed pursuant to the Federal Tort Claims Act, the two OBs were not named as defendants (only the United States of America is properly named as the defendant in a Federal Tort Claims Act lawsuit), the parents were required to comply with the administrative claim process prior to filing the federal lawsuit, and the medical malpractice trial will be tried before a federal judge (or federal magistrate, if the parties so choose). The plaintiffs’ compensatory damages will also be limited to the amount(s) claimed in the administrative filing.
If you or a loved one suffered a birth injury in Missouri or in another U.S. state, you should promptly find a Missouri birth injury lawyer, or a birth injury lawyer in your state, who may investigate your birth injury claim for you and represent you in a birth injury case, if appropriate.
Turn to us when you don’t know where to turn.