Couple Delivers First Baby at Evanston Hospital: Case Study

Introduction

Aimee Florez, together with her husband, David Florez, arrived at Evanston Hospital, a branch of NorthShore University Health System, on March 22, 2009. The couple hoped that the hospital would ensure Aimee's safety as she gave birth to the first child (Chicago Tribune, 2018). Aimee was five days late from the scheduled day of delivery, and there was a plan to induce her that evening at Evanston hospital. However, she luckily started experiencing natural labor during the day. On arrival, the doctors conducted a full exam that confirmed everything was okay. They even hooked the mother to a fetal monitor, which showed that the baby's heart rate and everything else was excellent. After going into labor for three hours, the nurses confirmed a drop in the baby's heart rate. A few hours later, the doctor administered Pitocin, a drug that is quite powerful in stimulating contractions (Salvi Schostok $ Pritchard Trial Lawyers, 2018). The baby's heart rate dropped after the Pitcon administration, but the nurses and the doctor considered it routine and therefore did not recommend a C-Section. Julien was born after 12 hours of labor. The baby was blue owing to deprivation of oxygen, and the heart rate was dangerously low. Oxygen deprivation caused the baby to have a severe brain injury referred to as ischemic encephalopathy, and the condition was permanent. As the baby continued to grow, symptoms of cerebral palsy became apparent. At age 9, the baby showed decreased motor skills, trouble in walking hearing loss, and limited ability to communicate as he knew only 30 words.

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The Law Suit

The family commenced a lawsuit against the hospital in December 2014 at a Cook County, Illinois Court. The plaintiff argued that the permanent medical problem caused to the child was preventable. The Florez family attorneys argued that doctors and nurses failed to recognize the symptoms of fetal distress at the time of the child's birth (Chicago Tribune, 2018). The monitor showed decreased heart rate from the time that was an indication that the child was not getting enough oxygen.

The attorneys argued that the administration of Pitocin worsened the situation. The powerful drug used to speed up the rate of contractions ended up increasing more stress on Julien while in the womb. The doctors would have refrained from using Pitocin from reading the signs that the baby was not able to tolerate stress associated with labor (Chicago Tribune, 2018). The nurses would have allowed the baby's body to deal with the situation instead of administering a drug that resulted in increased stress on the baby.

The family argued that the cerebral palsy would not have occurred if a timely C-section was recommended. The mother went for labor for a whole 12 hours, which delayed the uptake of measures that would correct the low oxygen levels. A C-section was necessary after realizing the continued drop-in heart rate after the administration of Pitocin. With a C-section, the baby would be delivered in 30 minutes (Chicago Tribune, 2018). Prolonged labor increased stress on the baby, which was a contributing factor to the brain injury.

Northshore University Health System offered to give $10 million to the family as settlement. However, the Florez family rejected the offer and proceeded to trial. The family attorneys argued that $10 million was not sufficient to care for Julien as he will require continuous medical care for the rest of his life (Salvi Schostok $ Pritchard Trial Lawyers, 2018). The mother argued that the baby attends school with children who have cognitive disabilities, and she has to undergo language, physical, and speech therapy.

The Court's Decision

On October 9, 2018, the court ruled against the defendants, the involved doctor, Armin Drachler, one nurse, Lisa Wegrzyn, and Northshore University Health System arguing that the staff did not act reasonably. In the verdict, the jury held that if a C-section was done in time, the extended period of labor where baby heart rate dropped to the extent of causing brain injury and limited blood flow would have been avoided. The jury also agreed that administering Pitocin instead of immediate removal of the baby using C-Section contributed to the brain injury. According to the judge's decision, the total damages incurred by Julien Florez as a result of the hospital staff failed to act reasonably was $50.3 million (Chicago Tribune, 2018). From the total amount, $3 million was awarded for the loss of the future lost earnings. $1.3 million was awarded for future suffering and pain, $12 million was damages for future medical expenses, $6.5 million was to cover future emotional distress, $20 million covered loss of normal life in the future and $4 million was for the loss of healthy life in the past.

Conclusion

A birth injury lawsuit, such as the one discussed above, is among the common nursing lawsuits. A birth injury lawsuit is commenced by parents who are convinced that their child suffered brain damage, dystocia and brachial plexus injury as a result of hospital mistakes, improver tools and medical negligence (Hermanson, 2019). Often, when a baby suffers an injury during birth due to nurse negligence, there is a likelihood of the child having lifelong difficulties. Birth injuries cause lasting damage that lowers the child's quality of life and the possibility of earning income. Physical and emotional recovery from birth trauma can take years of medical treatment. Parents initiate lawsuits to seek help in covering expenses that are likely to come up during the child's lifetime.

References

Chicago Tribune. (2018). A family gets $50 million in a lawsuit against Evanston hospital after the jury finds brain damage was preventable. https://www.chicagotribune.com/suburbs/evanston/ct-evr-northshore-baby-50-million-tl-1018-story.html

Hermanson, H. (2019). The right recovery for wrongful birth. Drake L. Rev., 67, 513, pp.514-529.

Salvi Schostok $ Pritchard Trial Lawyers. (2018). Jury awards $50.3 million to a child who suffered a serious birth injury at Evanston Hospital. https://www.salvilaw.com/press-release/jury-grants-50-million-to-child-who-suffered-serious-birth-injury-at-northshore-university-healthsystem/