Plaintiff Claims First Year Resident Failed To Deliver In Timely Manner
On Oct. 13, 2002, plaintiff Nathaniel Gardner was born via Caesarian section at Broadlawns Medical Center. The pH of his blood was highly acidotic. He was immediately taken to a neonatal intensive care unit at Blank Hospital. Before he was transported, an umbilical catheter was inserted. Four days later he was still being fed through the catheter. It moved into his heart and eroded a hole in the heart lining. He suffered a cardiac arrest. He was treated and later diagnosed with cerebral palsy.His mother, Debra Gardner, presented to Broadlawns on Friday, Oct. 12. She was nearly 41 weeks and five days pregnant. Doctors did an ultrasound and a non-stress test, both of which were normal. That Friday morning they decided to induce labor. The only obstetrician at the hospital left at 5 p.m. that day, leaving the mother in the care of a family practitioner, a first-year resident and a medical student.
By Saturday afternoon, labor had not progressed, so the family practitioner decided to perform a C-section. He took Gardner off the fetal monitor. The baby’s heart rate was normal up until the time the monitor was removed. For more than 30 minutes the baby’s heart rate was not monitored.
When the anesthesia was administered, the mother’s blood pressure dropped. The C-section was delayed for another 12 minutes before it was started, and then it took another 12 minutes to deliver Nathaniel. He was born with an Apgar score of 1 at one minute, 1 at five minutes and 3 at 10 minutes.
Gardner sued Broadlawns Medical Center and the physicians for medical malpractice. Blank Hospital was also named in the suit, but was dismissed before trial.
Plaintiff’s counsel noted that when the anesthesia was administered, Gardner’s blood pressure dropped.That should have been a mandate that medical personnel either monitor the baby’s heart rate, or deliver as quickly as possible because the mother’s blood pressure can affect fetal circulation. Neither was done.
Nathaniel has cerebral palsy. He cannot walk. He cannot control his bladder and bowels. He cannot speak. He has no control over use of his arms. He is able to swallow, but someone needs to feed him. He appears to have normal intelligence.
The jury found that Broadlawns Medical Center is 75 percent liable and Blank Hospital is 25 percent liable. It awarded $13,491,735, which was reduced to $10,118,801.25.
Debra Gardner
$65,000 Personal Injury: past loss of services
$165,000 Personal Injury: future loss of services
$231,735 Personal Injury: future medical expenses to age 18
Nathaniel Gardner
$134,000 Personal Injury: past loss of function
$8,555,673 Personal Injury: future medical expenses after age 18
$1,866,000 Personal Injury: future loss of function
$67,000 Personal Injury: past pain and suffering
$1,200,000 Personal Injury: future loss of earning capacity
$933,000 Personal Injury: future pain and suffering
Defense counsel is pursuing post-trial motions.