Newborn died within hours after doctor used ‘vacuum-assisted' delivery method, his ‘permanently wounded' parents claim
The lawsuit, filed May 29 against the doctor, unnamed nurses, Kessler Women's Healthcare and the Methodist Dallas Medical Center, claims they were negligent in trying to deliver the child vaginally in April 2024, The Fort Worth Star-Telegram reported.
According to the suit, the boy, who was named Prime, died of internal brain bleeding caused by his delivery method, but may have lived if the doctor had performed a Cesarean section earlier, instead of attempting to deliver him via vacuum-assisted delivery.
The baby's parents, both teachers, headed to the hospital on April 4, 2024, when the 32-year-old mother's water broke, according to the lawsuit.
According to the lawsuit, the doctor the family had been seeing was not the one to deliver the baby.
While preparing to give birth, Prime's heart rate became abnormal and his mom was diagnosed with preeclampsia, a dangerous complication characterized by high blood pressure. She also had a 102.9 fever, according to the filing.
These risk factors, in addition to the baby's large head size and weight, meant the mother would likely have to receive a Cesarean section, the lawsuit claims.
However, instead of delivering the baby via C-section, the doctor decided to try vacuum-assisted delivery for a vaginal birth. The process involves using a suction-cup device that attaches to the baby's head to try and help the child down the birth canal, according to the lawsuit.
The doctor on call tried to deliver Prime four times, but the suction popped off twice, the family said.
The father 'recounted the very 'loud sound' produced by the pop-offs and noted that the force was so significant that it caused (the doctor) to push the chair backwards in the delivery room, suggesting that (she) exerted considerable force during the pulls,' the lawsuit says.
Once the newborn was delivered, he was taken to the neonatal intensive care unit.
When the mom saw what her son's neck looked like post-birth, 'she wanted to burst into tears,' the filing claims.
Prime 'suffered' for 24 hours before he died, according to the filing, which described those hours as a 'short life and prolonged death.'
The lawsuit claims the OB-GYN told the family their baby died from an E. coli infection he caught during labor. However, the doctor who conducted the autopsy found his real cause of death was brain hemorrhages from failed vacuum-assisted delivery.
'Permanently wounded, the couple for days, weeks and months have broken down and cried, often uncontrollably,' the lawsuit says. 'Prime's loss has haunted them with nightmares, sleeplessness and intrusive thoughts. Daily life was permanently altered for both, though, they will try to move forward.'
Another doctor who was conducting an independent review told the parents Prime may have been born 'healthy and whole' had a C-section been performed sooner, according to the filing.
The lawsuit blames the doctor and nurses for not recognizing the baby's distress during labor and taking the appropriate steps sooner.
The family also claims in the suit that the doctor never told them of the risks of vacuum-assisted delivery.
The couple is seeking damages, claiming negligence, lack of informed consent and their son's wrongful death, according to the report.
Methodist Health System said in a statement that it has a 'longstanding policy of not commenting on pending litigation.'
The doctor involved told The Dallas Morning News that she couldn't comment on specific patients, but said, 'I will simply say that I am committed to providing the highest quality medical care possible to my patients.'
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