SCRANTON – The U.S. government has denied liability for claims made by 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.
Andrew Desher and Rylee Smyth (individually and as parents of K.D., a minor) of Hawley first 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 said.
“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 noted 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 noted that such an extraction method should not be continued past four attempts. However, the suit said 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.”
UPDATE
Attorneys for the U.S. government answered the complaint on April 16, admitting that Dr. Rittenhouse provided medical care to Rylee Smyth, but denying all of the remaining allegations.
“It is admitted only that Dr. Rittenhouse was an employee of WMCHC in 2019. Upon information and belief, it is further admitted that Dr. Rittenhouse provided care and treatment to Rylee Smyth at WMCHC within the scope of his employment,” the answer stated, in part.
Additionally, the answer put forward a total of 19 affirmative defenses against the litigation.
“Plaintiffs have failed to state a claim upon which relief can be granted. This Court lacks subject matter jurisdiction over plaintiffs’ claims. Plaintiffs’ own negligence or conduct is the sole and/or contributory cause of the occurrence set forth in the complaint. Plaintiffs are, therefore, barred from recovery. The alleged injuries and damages of plaintiffs were not proximately caused by a negligent, careless, or wrongful act or omission of the defendant United States,” the government’s attorneys countered.
“Plaintiffs are not entitled to a jury trial against the United States in an FTCA action. Plaintiffs have failed to mitigate any alleged damages and are therefore barred from recovery. The concurrent acts of others, and not of the defendant United States, were the proximate cause of the occurrence set forth in plaintiffs’ complaint. Plaintiffs are, therefore, barred from recovery. The acts of others, and not defendant United States, were the sole and proximate intervening and/or superseding cause of the occurrence set forth in plaintiffs’ complaint. Plaintiffs are, therefore, barred from recovery.”
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, and Michael H. Bereston of Bereston Law, in Annapolis, Md.
The defendant is represented by Harlan W. Glasser and Bryan C. Black of the U.S. Attorney’s Office for the Middle District of Pennsylvania, in Harrisburg.
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