|
 |
|
|
Jurisdictional Ruling Key to Successful
Settlement of Kansas Birth Injury Case
|
delivery nurses. Non-reassuring fetal monitoring, indicative of fetal distress, also went unappreciated for about one hour. Plaintiffs’ evidence was that the quality and nature of Patricia’s pain along with non-reassuring fetal heart patterns should have alerted the labor and delivery nurses to get the obstetrician to the bedside at least twenty-five minutes earlier than they did. Once the obstetrician was notified, he appeared at the bedside within six minutes, and delivery by emergency cesarean section was accomplished twenty minutes later. By the time the delivery was performed, however, Estrella had completely extruded through the uterine rupture into the abdominal cavity.
The Barragans were represented by Victor Bergman and Matthew Birch. It was immediately recognized that jurisdiction in federal court, out of Garden City, was crucial to any chance for a favorable plaintiffs’ verdict.
Jurisdictional ruling Key
Continued On Page 6 |
On September 15, 2000, newborn Estrella Barragan suffered severe neurological injury during the birth process at St. Catherine’s Hospital in Garden City, KS. It was Patricia Barragan’s third pregnancy. In her first pregnancy, she delivered twin boys by cesarean section. Patricia’s second pregnancy resulted in a healthy boy by “Vaginal Birth After Cesarean” or “VBAC.” This case involved her third pregnancy.
It was the intent of the Barragans that Estrella would also be a VBAC delivery. At thirty-eight weeks gestation, Patricia went into labor. While being monitored, Patricia’s uterus ruptured, interrupting the flow of oxygenated blood to Estrella. An emergency cesarean section was performed but, unfortunately, due to the amount of time that passed during which Estrella lacked oxygenated blood, she suffered hypoxic-ischemic encephalopathy (“HIE”). |
Today, Estrella suffers from cerebral palsy and spastic quadriplegia.
Uterine rupture is a known complication of a VBAC delivery, occurring in varying degrees of severity in .05 – 1 percent of VBACs. The consequences can be catastrophic. Thus, the standard of care for VBACs requires the labor and delivery nurses to maintain a high index of suspicion for early signs of uterine rupture. Time is of the essence. Once uterine rupture is suspected, it is incumbent that it be investigated and the obstetrician notified quickly. It is also necessary that the attending obstetrician and other necessary personnel be immediately available to perform an emergency cesarean delivery.
During labor Patricia developed severe pain that was unappreciated and unevaluated by the labor and |
|
|
|
|
|
