SCRANTON – The parents of a newborn baby girl who suffered a skull fracture at birth and resulting brain damage due to alleged medical negligence on the part of the obstetrician, are suing for damages.
Andrew Desher and Rylee Smyth (individually and as parents of K.D., a minor) of Hawley filed suit in the U.S. District Court for the Middle District of Pennsylvania on Feb. 10 versus The United States of America.
“This is a federal tort claim action for monetary damages sustained by plaintiffs arising out of the personal injuries to K.D., a minor, as a result of sub-standard – and therefore negligent – medical and hospital care by Eric Rittenhouse, M.D., a covered agent, servant and/or employee of the United States of America and the Wayne Memorial Community Health Centers, Honesdale, Pennsylvania, starting April 10, 2019,” the suit says.
“On April 10, 2019, plaintiff Rylee Smyth was 41 2/7 weeks pregnant when she visited her OB/GYN, Dr. Rittenhouse, at his office. Dr. Rittenhouse noted spontaneous rupture of membranes (SROM) and sent her to Wayne Memorial Hospital for admission and delivery.”
The suit notes after hours of labor and evidence of fetal intolerance of labor, Dr. Rittenhouse did not move to a Caesarean-section delivery of the baby K.D. and instead sought to perform a vacuum extraction instead.
It further notes that such an extraction method should not be continued past four attempts. However, the suit says the method was attempted no less than 10 times.
At that point, an immediate Caesarean section was called for in the case of K.D., who was suffering from extreme fetal distress. Upon delivery, she was limp, not breathing and required a full resuscitation at the time of her birth. She was then transferred to the neonatal intensive care unit (NICU).
“The NICU doctors diagnosed baby girl K.D, a minor, with a fractured skull, a bleed in her brain (subgaleal hemorrhage), seizures and hypoxic ischemic encephalopathy (a type of newborn brain damage caused by oxygen deprivation and limited blood flow). The injudicious and prolonged vacuum attempt and delay in performing a timely Caesarean section directly and proximately caused baby girl K.D.’s skull to fracture and to experience severe traumatic injuries,” according to the lawsuit.
“All of baby girl K.D.’s injuries were due to the skull fracture and trauma and a lack of oxygen that occurred within the last 20-30 minutes of her birth, while under the care and supervision of Dr. Rittenhouse. As a direct and proximate result of the defendants’ negligence, minor plaintiff baby K.D. is permanently and catastrophically injured. She has been noted to be developmentally delayed and is unable to sit up on her own, crawl or walk. For the rest of her life, she will be unable to work and act independently, and will require medical and vocational treatment and continuous care.”
For counts of negligence and negligent infliction of emotional distress, the plaintiffs are seeking damages, jointly and severally, in excess of $75,000, plus actual damages, post-judgment interest, costs and such other relief as this Court deems appropriate.
The plaintiffs are represented by Marion K. Munley of Munley Law, in Scranton.
The defendant has not yet secured legal counsel.
U.S. District Court for the Middle District of Pennsylvania case 3:21-cv-00250
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com