Infant was delivered stillborn after unsuccessful VBAC attempt – $1,500,000 Verdict

Plaintiff was admitted to Chesapeake General Hospital on July 12, 2009, at approximately 6:35 a.m. for labor and delivery at the 38^th week of her pregnancy. Plaintiff and her unborn baby were under the defendant’s obstetrical care, as he was the physician on call at the time of her arrival. Plaintiff had previously delivered by Caesarean section and decided to attempt a vaginal birth after Caesarean section (VBAC).  Plaintiff and her unborn baby were being monitored by electronic heart rate monitoring systems.

At approximately 12:18 p.m., the defendant gave orders for plaintiff to start pushing. As the labor progressed, numerous signs of fetal distress were documented on the fetal heart rate tracings. At approximately 1:17 p.m., the defendant reviewed the fetal heart rate tracing at plaintiff’s bedside and advised plaintiff to stop pushing. At 2:47 p.m., the defendant was told by the L&D nurse that plaintiff’s unborn baby was having variable decelerations down to the 80s and 90s times 30 seconds without pushing. The defendant did not go to plaintiff’s bedside or turn on the monitor in his on-call room to review the fetal monitoring strips himself. Instead, the defendant gave orders for plaintiff to begin pushing again. At approximately 3:33 p.m., the defendant was again called by the nurse and informed that plaintiff was having variable decelerations with each contraction and that the fetal heart rate was in the 170s to 180s. The defendant gave orders for plaintiff to stop pushing and at approximately 3:37 p.m. and ordered a Caesarean section due to non-reassuring fetal heart rate.  Plaintiff’s unborn baby continued to show signs of fetal distress until the monitor was turned off and she was moved to the OR. The defendant began the Cesarean section at 4:09 p.m., and plaintiff delivered a stillborn male infant at 4:14 p.m. Efforts to resuscitate plaintiff’s baby were unsuccessful.

Plaintiff’s obstetrical expert testified that the defendant should have closely watched the fetal heart rate monitoring after the defendant ordered plaintiff to stop pushing at 1:17 p.m. Plaintiff’s expert further testified that based on the fetal tracing, the defendant should have ordered a Caesarean section for the plaintiff no later than 2:53 p.m., so that the plaintiff’s baby was delivered no later than 3:23 p.m. Plaintiff’s experts opined that, had the plaintiff’s baby been delivered by 3:23 p.m., the baby would have been born alive and well.

[15-T-090]

Type of action: Medical malpractice
Injuries alleged: Pain, suffering and mental anguish from delivering a stillborn fetus
Court: Chesapeake Circuit Court
Tried before: Jury
Judge: E. Preston Grissom
Date resolved: March 4, 2015
Demand: None
Offer: None
Verdict or settlement: Verdict
Amount: $1,500,000
Attorneys for plaintiff: Charles J. Zauzig III, Melissa G. Ray and Alexandra E. Busch, Woodbridge; Lisa O’Donnell, Virginia Beach