Fetal Hypoxia Leaves Baby in Vegetative State

A recent birth injury lawsuit argues that attending nursing and health care staff that were in charge of the plaintiff’s delivery deviated from accepted standards of medical care, causing her son to suffer injury in utero, leaving him in a permanent vegetative state. The medical malpractice case, brought by residents of Colorado Springs, Colorado is demanding compensation to account for past and future medical expenses, costs related to physical therapies, medication and medical equipment as well as loss of economic support that the parents will continue to endure.

Defendants are listed as Hospital Comunitario Buen Samaritano and Dr. Mabel Bonilla Rodríguez, located in the Commonwealth of Puerto Rico. The case is also seeking damages against the hospital’s insurance company, which according to the claim, may be liable for the purported negligent acts and omissions incurred by their personnel, technicians, and nursing staff.

Baby suffers cardiorespiratory crisis during labor

The claim states that the mother plaintiff presented to the hospital in labor on December 17, 2012. While signs of labor progression seemed normal at first, the fetus subsequently presented problems indicating he was suffering a cardiorespiratory crisis and prenatal fetal hypoxia (lack of oxygen supply).

After one hour of pushing, the plaintiff’s doctors decided to use vacuum extraction.  However, records show that the device came loose and that extraction was continued until the baby’s head was pulled to the perineum. Once the head emerged from the birth canal, it was apparent that the baby’s umbilical cord was wrapped twice around the neck. Suprapubic pressure was applied to help manage shoulder dystocia before the child was delivered and transferred to the maternity ward with no peripheral pulse or evidence of respiration.

Medical staff began performing CPR on the infant, and intubated him after administering two doses of epinephrine.  Later, after the staff noticed the newborn still had a weak pulse and labored respiration, he was transferred to the NICU unit and moved again to La Concepción Hospital in San German.

The defendant hospital and medical staff are accused of negligence by failing to monitor the baby’s condition during labor and failing to follow recognized standards of care in medical practice. The infant suffered severe cardiorespiratory depression and prenatal hypoxia which was not treated in a timely or accurate manner, alleges the suit.

Intracranial bleed leaves newborn in vegetative state

It is alleged that negligent acts and omissions by the defendant healthcare providers are the primary cause of the child’s permanent birth injuries. Shortly after birth, the boy suffered an intracranial germinal hemorrhage and bilateral changes of cystic encephalomalacia.  It is expected that his neurological impairments will leave him in a vegetable state for the remainder of his life.

The plaintiffs contend that if doctors had ordered an emergency C-section delivery and adequately monitored the well-being of the fetus, the child would not have suffered hypoxic injuries to the brain.

The defendant “did not intervene to fix the situation, to improve the intrauterine environment or to complete delivery to avoid hypoxemia, the acidemia and the irreversible neurological damage suffered by the baby as a result,” states the birth injury lawsuit.

The parents contend that the physical and emotional damages sustained by their son – those which he will have for the rest of his life – are estimated at no less than $2 million dollars. The Colorado plaintiffs are demanding a trial by jury.

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