Plaintiff Claimed Nurse Violated Hospital Rules Regarding Delivery
On April 29, 2003, plaintiff Toby Tremain was born via emergency Cesarean section to plaintiff Evelyne Tremain, 37, at St. Elizabeth Hospital in Belleville.Tremain claimed that at about 2:30 p.m., nurse midwife Lt. Col. Shari Stone-Ulrich, of Scott Air Force Base, administered Pitocin, and during the course of four to five hours, Tremain’s contractions increased to seven contractions per 10 minutes. Toby’s heart rate would decelerate and then recover, and Stone-Ulrich gave her more Pitocin. At 8:40 p.m., Tremain’s uterus ruptured and Stone-Ulrich continued administering more Pitocin for the next three minutes. Obstetrician Capt. John Smith, also of Scott Air Force Base, was contacted and performed an emergency C-section. He found the baby half-extruded from Tremain’s uterus into her abdominal cavity.Toby was born asphyxiated with low Apgar scores and an umbilical artery blood gas indicative of hypoxia and metabolic acidosis.
Individually and on behalf of her son, Tremain sued the United States of America for medical malpractice. Plaintiffs’ counsel argued that St. Elizabeth’s policy dictated that an obstetrics nurse must be supervised by a physician during delivery and, therefore, Stone-Ulrich breached the standard of care. Cassandra Garcia, the plaintiffs’ obstetrics nurse expert, testified that Stone-Ulrich should have contacted Smith by 7 p.m., at which point Stone-Ulrich should have cut off the Pitocin. Plaintiffs’ counsel argued that Smith failed to properly examine Tremain and properly monitor her progress; failed to properly monitor the progress of Toby; failed to diagnose or treat the condition of a potential uterine rupture; and failed to administer adequate care for the condition of a uterine rupture by delaying the performance of a C-section.
The defense denied the allegations. Cheryl Moran, the defense’s obstetrics nurse expert, testified that Stone-Ulrich did not breach the standard of care.
Toby, who was born unresponsive, was transferred to St. Louis Children’s Hospital where he underwent treatment for about seven weeks. He was diagnosed with cerebral palsy and required a feeding tube. Plaintiffs’ counsel argued that Toby, who was bound to a wheelchair, was a bright child who was limited by his physical condition. Robert Voogt, the plaintiffs’ life care planning expert, testified that Toby would require between $10 million and $20 million in future life care expenses.
Robert Jackson, the defense’s life care planning expert, testified that Toby’s future life care expenses would be between $6 million and $12 million.
Judge Patrick G. Murphy awarded $24,554,880 with interest thereon at the rate of 4.95 percent as provided by law, and her costs of action.
Evelyne Tremain, as next friend of Toby Tremain, a minor,$23,554,880 Personal Injury: damages
Evelyne Tremain, individually
$1,000,000 Personal Injury: damages