Birth Injury Lawsuit Alleges HIPAA Violations

A birth injury lawsuit filed by an active duty service member demands $5 million in compensatory damages for the death of her newborn son. It alleges that not only were the defendants negligent in administering Pitocin despite signs of fetal distress, the defendants also allegedly violated HIPAA regulations in denying the plaintiff access to her medical records during her attempts to discover what had gone wrong during labor and delivery.

The lawsuit is pending in the U.S. District Court for the Eastern District of Virginia. Since the plaintiff is a service member and the defendant hospital is a military treatment facility operated by the Department of Defense, the defendant in the lawsuit is the United States of America. In accordance with the unique rules pertaining to military medical malpractice cases, the plaintiff initially filed an administrative claim with the U.S. Department of the Army. Since her claim was not granted by the six-month deadline and is presumed to have been denied, the plaintiff is demanding compensation through filing a malpractice lawsuit.

Administration of Pitocin despite fetal distress

According to the lawsuit, the plaintiff worked as a nurse in the post-anesthesia care unit at Fort Belvoir Community Hospital in Virginia. In the afternoon of June 21, 2013, she was admitted to the same hospital for the induction of labor. Shortly after 3:00 a.m. on the following day, Pitocin was administered to induce labor. At all times, the baby was monitored with an external fetal heart rate monitor. During the afternoon of June 22, the monitor displayed signs of fetal distress, which worsened during subsequent hours.

The “clear and continuous signs of fetal distress” indicated that the cessation of Pitocin was necessary. However, the staff continued to administer Pitocin and did not perform an emergency C-section, which may have prevented the baby’s birth injuries. Instead, the baby was born via vacuum-assisted vaginal delivery. The child was observed to be pale and limp. His heartbeat was initially 50 beats per minute. However, resuscitation was needed shortly after birth. The plaintiff’s newborn son did not survive. Medical findings indicated that the child had suffered “significant and progressive” HIE, or hypoxic ischemic encephalopathy.

HIE refers to brain damage that occurs due to oxygen deprivation. Infants who do survive this life-threatening condition have an increased risk of being diagnosed with cerebral palsy, a chronic movement disorder that has no cure.

HIPAA violations alleged

Several weeks later, the plaintiff returned to work at the military treatment facility where her infant son died. Among alleged medical malpractice victims, the plaintiff held the unusual position of maintaining frequent contact with the hospital staff members who were directly involved in the labor and delivery. During the subsequent months, she sought information in an attempt to understand why her infant son had died.

However, according to allegations raised in the case, the staff at the defendant hospital “engaged in a concerted and deliberate effort to prevent (the plaintiff) from discovering the truth concerning the circumstances and cause of (the child’s) death.”

The lawsuit claims the defendants:

• Interfered with the plaintiff’s efforts to obtain her and her son’s medical records
• Used stalling tactics to delay her receipt of the medical records
• Refused to discuss the labor and delivery with her
• Failed to explain during labor that fetal distress was indicated
• Attempted to claim that the boy had died because of shoulder dystocia, despite the defendants’ alleged knowledge that shoulder dystocia had not caused his death

The plaintiff demands that the defendants be held accountable for her son’s death.

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