HPS Attorneys Secure Defensive Verdict for Obstetricians

HPS Attorneys Secure Defensive Verdict for Obstetricians

Chicago, IL
August 3, 2022

From left, Marilee Clausing, Molly Pankauskas and Sarah Frazer.

HPS Attorneys Marilee Clausing, Molly Pankauskas and Sarah Frazer successfully defended two obstetricians against claims that their care at a Chicago area hospital during the patient’s delivery resulted in neurological damage to the minor plaintiff.

The case, first filed in 2012, stems from a 2011 delivery. The patient arrived at the hospital in active labor and was initially cared for by a certified nurse midwife. After an epidural, the mother began experiencing hypotension and the fetal monitor tracings became concerning. It was at this time that attending and resident obstetricians became involved in the patient’s care and responded with proactive measures to address both the maternal hypotension and improve the fetal heart rate tracings. These interventions were initially successful, but when hypotension and concerning fetal heart rate tracings returned approximately one hour later, the medical team intervened quickly and ordered a c-section. The baby was delivered within 18 minutes of the decision being made for a c-section. The baby’s post-delivery course was complicated by significant meconium aspiration syndrome as well as sequelae of neonatal sepsis. Unfortunately, the minor plaintiff sustained a permanent neurological injury.

During the trial, Plaintiff argued that hypoxia occurred during the hour and half between the defendant doctors responding to the concerning fetal monitoring tracings and the decision to perform a C-section. They argued that the defendant obstetricians were negligent in not ordering the C-section sooner and that the hypoxia was the cause of the permanent neurological deficiencies in the child.

The defense argued that the minor Plaintiff’s neurological injury was the result of an infection in the prenatal period. The mother tested positive for Group Beta Streptococcus (“GBS”) shortly before delivery. While GBS is a common finding in pregnant women, it very rarely results in fetal infection. Unfortunately, this was one such rare case with placental pathology findings confirming acute funisitis and acute chorioamnionitis. The defense argued that the fetal infection triggered fetal inflammatory response syndrome as well as meconium aspiration syndrome and neonatal sepsis. Finally, the defense argued that the two obstetricians were far from being in negligent in this case; instead, they met the standard of care by closely monitoring the mother throughout the last hour and a half of her labor, timely and appropriately responding to concerning fetal heart rate tracing findings, and ultimately moved forward with a c-section before the tracings worsened.  

The plaintiff asked the jury for a verdict in excess of $20 million for future care needs and lost earnings. The jury deliberated for approximately three hours before returning a verdict in favor of the defendant doctors.