MEDIA – Parents who lost their baby in utero while one of the plaintiffs was 29 weeks pregnant claim that Crozer medical entities did not ensure the health of the fetus, even after the mother-to-be survived a serious car accident.
Jerica Walton and Angel Davis (as Co-Administrators of the Estate of J.W. and Jerica Walton and Angel Davis, in their own right) of Chester first filed suit in the Delaware County Court of Common Pleas on June 18 versus Crozer-Chester Medical Center, Inc., Karima R. Sajadi Ernazarova, M.D., Evan Lynn, M.D., John Doe Emergency Room Provider and Jane Doe Emergency Room Provider of Upland, Crozer Keystone Health System of Springfield and Prospect CCMC, LLC of Los Angeles, Calif.
“On Sept. 1, 2020, plaintiff Walton, came under the care of defendants, CCMC, CKHS, Prospect, Sajadi Ernazarova Lynn, John Doe and Jane Doe, for emergency medical care following the trauma of a motor vehicle accident, during her pregnancy with plaintiff’s decedent, J.W., and remained under their care at times relevant hereto,” the suit says.
“Despite plaintiff Walton being 29 weeks pregnant at the time, defendants CCMC, CKHS, Prospect, Sajadi Ernazarova, Lynn, John Doe and Jane Doe did not implement electronic fetal heart monitoring to ensure fetal well-being, did not assess the fetal heart rate of the baby, and did not perform an ultrasound, despite the trauma of a motor vehicle accident.”
Walton was discharged from CCMC on Sept. 1, 2020 with instructions to follow up with her primary care physician and return to the emergency department if she experienced concerning symptoms. The following day, Sept. 2, 2020, plaintiff Walton presented to her prenatal provider complaining of decreased fetal movement.
“Fetal tones were not elicited on Doppler and a fetal heartbeat was not seen on ultrasound. Her prenatal provider directed plaintiff Walton to the emergency room at CCMC where an ultrasound revealed an intrauterine fetal demise. An autopsy confirmed placental abruption as the cause of death of J.W.,” per the suit.
“Defendants, CCMC, CKHS, Prospect Sajadi Ernazarova, Lynn, John Doe and Jane Doe, owed plaintiff Walton and her unborn child, J.W., the duty to possess and exercise that degree of professional skill and knowledge required of practitioners within the health care profession. Defendants CCMC, CKHS, Prospect, Sajadi Ernazarova, Lynn John Doe and Jane Doe breached the aforesaid duty of care by committing acts of negligence.”
Among others, such acts included:
• Failure to consider placental abruption given the recent trauma experienced by plaintiff Walton;
• Failure to place plaintiff Walton, on electronic fetal monitoring to assess fetal heart rate;
• Failure to measure J.W.’s fetal heart rate by any means;
• Failure to obtain fetal vital signs;
• Failure to obtain an ultrasound to detect fetal heartbeat.
For counts of survival, wrongful death, bodily injury and negligent infliction of emotional distress, the plaintiffs are seeking, jointly and severally, compensatory damages in excess of the arbitration limits in effect in Delaware County, Pennsylvania at the time this cause of action was commenced.
The plaintiffs are represented by Marc G. Brecher and Jarad L. Silverstein of Wapner Newman Brecher & Miller, in Philadelphia.
The defendants have not yet obtained legal counsel.
Delaware County Court of Common Pleas case CV-2021-005399
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com