MEDIA – Parents who lost their baby in utero while the mother was 29 weeks pregnant and claimed that Crozer medical entities did not ensure the health of the fetus, now seek to amend their complaint upon learning the name of one of the defendant’s employers.
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 said.
“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.
UPDATE
The plaintiffs filed a petition to amend the complaint on Jan. 5, after learning key discovery information related to the employer of defendant Sajadi Ernazarova, who they served with discovery requests on Aug. 26.
“Since the service of discovery requests, plaintiffs have now received discovery responses from defendant, Dr. Sajadi Ernazarova. In particular, on Dec. 17, 2021, Dr. Sajadi Ernazarova served her answers to plaintiffs’ interrogatories, wherein she identified her employer as of the date of the subject incident, Emergency Physician Associates, LLC,” the petition stated.
“Plaintiffs now seek to assert a professional negligence claim against this employer, whose name was learned for the first time on or about Dec. 17, 2021, upon receipt of Dr. Sajadi Ernazarova’s aforementioned answers to plaintiffs’ interrogatories. As such, plaintiffs seek leave of court to amend the complaint to add Emergency Physician Associates, LLC, as a party defendant to the action.”
“At this early juncture in the litigation, Emergency Physician Associates, LLC, has sufficient time to prepare a defense. If the instant petition is not granted, plaintiffs could file a separate cause of action naming Emergency Physician Associates, LLC, as a defendant and then seek consolidation of the actions. The filing of a second cause of action, followed by a motion to consolidate, would not be in the interests of judicial economy.”
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, Jarad L. Silverstein and Julianna Merback Burdo of Wapner Newman Brecher & Miller, in Philadelphia.
The defendants are represented by Frank A. Gerolamo, Daniel J. Divis and Joseph L. Garbarino III of Gerolamo McNulty Divis & Lewbart and Richard S. Margulies of Burns White, all also in Philadelphia.
Delaware County Court of Common Pleas case CV-2021-005399
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com