A newborn baby was injured during delivery at Saint Agnes Medical Center due to alleged negligence from the doctor and care team — and the mother says she received a rushed hysterectomy in lieu of proper postpartum care, according to a lawsuit filed against the Fresno hospital.
According to the malpractice lawsuit filed last month, the mother — at 40 weeks and two days pregnant — was induced in July 2021.
After being induced, the mother says she experienced continual contractions for about an hour and a half at a rate that prevented the fetus from getting enough oxygen. The lawsuit states that the mother should have been given treatments to help mitigate the contractions and, thus, the baby’s oxygen deprivation — specifically Terbutaline or a lactated ringer bolus — though she says the fetal distress wasn’t addressed in a timely manner.
Ultimately, doctors performed a vacuum-assisted birth, though the doctor’s delivery notes suggest the baby was too high in the birth canal at the time, according to the lawsuit.
The child is the sole plaintiff in the lawsuit, which is seeking legal fees and general damages, as well as past, present, and future medical needs, and special damages — including attendant and life care needs. A paralegal for the Law Office of Richard Carroll, the firm representing the plaintiff, said the mother is not part of the case due to timing issues.
The lawsuit states the mother should have been consented for an emergency caesarian section, though the doctor’s delivery notes say a vacuum-assisted delivery would have been quicker at that point.
According to the lawsuit, the baby was born with its umbilical cord wrapped twice around their neck — and the decision to perform a vacuum-assisted delivery exasperated the baby’s fetal distress in ways that an emergency c-section would not have.
Specifically, the lawsuit — which requests a jury trial — states the baby suffered a brain bleed during delivery.
Immediately after the baby was born, he was diagnosed with conditions relating to low oxygen levels and high blood acidity, per the lawsuit. The newborn was transferred to Valley Children’s Hospital.
About 20 minutes postpartum, the lawsuit states the mother experienced excessive vaginal bleeding, which the doctor allegedly attributed to vaginal lacerations at first. However, the bleeding persisted, and the mother says — rather than her doctor performing a sterile sweep to help identify the source of postpartum hemorrhage — her uterus was removed.
While in the NICU, the baby was diagnosed with bilateral scalp hematomas — indicative of birth trauma, the lawsuit says. The lawsuit notes how the baby’s development over the next two and a half years was impacted, including hearing loss, difficulty walking and struggles with motor skills that require both physical and occupational therapy.
A spokesperson for Saint Agnes Medical Center said the hospital was aware of the lawsuit and is reviewing the matter.