Case details

Mother: Medical center delayed birth, causing infant’s injury

SUMMARY

$7500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, encephalopathy
FACTS
On April 10, 2012, at approximately 7:35 a.m., plaintiff Micah Welch was born. He was determined to be 38-39 weeks gestational age. Micah’s mother, plaintiff Dyrene Loftis, 24, had a history of two prior cesarean section deliveries and had pre-natal care at several different locations. On April 9, 2012, prior to Micah being born, Loftis was taken by ambulance from Union Rescue Mission (a homeless shelter where she was living with her two other children, then ages 2 and 4) to Los Angeles County + University of Southern California Medical Center (LAC+USC Medical Center) with a complaint of severe abdominal pain. She was uncertain about the infant’s exact gestational age at that time. When she was examined at the hospital’s labor and delivery unit, she was diagnosed as having a fetus of 36.5 weeks gestational age, based on Loftis’ last menstrual date. She was then examined by a certified nurse-midwife and a 4th-year obstetrical resident, who diagnosed Loftis with uterine contractions as the cause of her pain, even though Loftis was not in pre-term labor. After 11 hours under observation in the triage area of the labor and delivery unit, Loftis was discharged back to the homeless shelter. The attending obstetrician did not see Loftis, but the resident claimed that she discussed the case with the attending physician and was told that Loftis could be discharged if her pain was gone. Approximately 12 hours later, at 7 a.m. on April 10, 2012, Loftis was again taken by ambulance to LAC+USC Medical Center. She was subsequently seen immediately and a diagnosis of fetal distress was made. As a result, Loftis was taken to the operating room for an emergency C-section with delivery about 35 minutes after admission to the hospital. At delivery, Micah was determined to be 38-39 weeks gestational age and diagnosed with severe hypoxic ischemic encephalopathy. As a result, Micah suffered a brain injury. Loftis, acting individually and as Micah’s guardian ad litem, sued the county of Los Angeles, as the owner/operator of LAC+USC Medical Center. Loftis alleged that the hospital’s medical staff failed to perform a timely C-section and discharged her prematurely. She also alleged that the medical staff’s actions constituted medical malpractice. Plaintiffs’ counsel contended that Loftis should not have been discharged from the hospital on April 9, 2012, and, instead, should have been admitted to the hospital and undergone a C-section. Counsel asserted that if the delivery occurred on April 9, 2012, Micah would not have suffered any brain injury. Defense counsel contended that Loftis should have given her correct estimated date of confinement, which was in her pre-natal records based on an early ultrasound. Counsel also contended that Union Rescue Mission should have called an ambulance earlier on the morning of April 10, 2012. In addition, defense counsel contended that Loftis’ pain had improved with one dose of Nifedipine and that it was within the standard of care to discharge her on April 9, 2012., Micah was diagnosed with severe hypoxic ischemic encephalopathy, which is a condition in which the brain does not receive enough oxygen. As a result, he was sent to Children’s Hospital Los Angeles for brain cooling and placement of a gastrostomy tube for feeding. Micah ultimately suffered a severe anoxic brain injury. Micah currently resides in a long-term care facility, and is ventilator and g-tube dependent. Plaintiffs’ counsel contended that although Micah is ventilator dependent, his life expectancy is at least 20 additional years. Defense counsel did not dispute Micah’s brain injury, by contended that Micah’s life expectancy was limited to 4 or 5 additional years.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case