The plaintiff alleged that given the fetal size and weight, earlier caesarean delivery was warranted and that improper management of shoulder dystocia and compound presentation of the posterior arm resulted in right Erb’s palsy, scapular winging, and decreased movement and function of the right extremity.
The plaintiff asserted that during the diagnostic laparoscopy, Dr A and Dr B should have detected the ectopic pregnancy in the right fallopian tube. Her attorneys claimed that based upon the plaintiff’s abdominal pain, vaginal bleeding, and β- hCG levels, and absent evidence of intrauterine pregnancy on ultrasound, the defendants should have presumed ectopic pregnancy and adequately evaluated the fallopian tube before discharging the patient, thus avoiding rupture.
The plaintiff alleged that the defendants failed to timely diagnose and treat an intra-abdominal abscess; caused bowel injury during the cesarean; improperly closed the surgical incision in 1 layer instead of 2, resulting in wound dehiscence; and misdiagnosed her condition as gastroenteritis
Plaintiff claimed that due to failure to timely deliver secondary to prolonged shoulder dystocia and cord compression, the infant suffered a hypoxic ischemic insult at delivery with concordant seizure activity, anoxia, and catastrophic brain injury.
The plantiff alleged that because of fetal bradycardia and late decelerations, an earlier cesarean delivery should have been urgently or emergently performed, and that the failure to do so resulted in hypoxic ischemic anoxia and brain damage to the fetus. She further alleged that because she had been placed on fetal monitoring, the L&D physician and nurses may have delayed the cesarean delivery by considering a trial of labor. She also asserted that the FHR under 100 bpm at the time of delivery suggested a prolonged period of bradycardia and that the 1-minute Apgar score of 3 was consistent with perinatal asphyxia.