PITTSBURGH – A Canonsburg couple say their child was born with severe bodily impairments after the delivery staff at St. Clair Hospital performed negligently during childbirth in September 2017.
N.P. (a minor, by and through Jessica Peniazek and Joshua Peniazek, his parents and natural guardians) of Canonsburg filed suit in the Allegheny County Court of Common Pleas on March 30 versus Sanjna Shah of Holmdel, N.J. and St. Clair Memorial Hospital (doing business as “St. Clair Hospital”) of Pittsburgh.
“At or about 7:15 p.m. on Sept. 20, 2017, defendant Hospital and its agents, servants, and/or employees, ostensible or otherwise, caused and/or accepted the admission of Jessica Peniazek for the purpose of medical induction of labor and providing medical care and attention to minor plaintiff, then in their mother’s womb, in connection with plaintiff Jessica Peniazek’s pregnancy,” the suit says.
“Jessica Peniazek was admitted to defendant Hospital under the care of attending physician Tera Conway, M.D., who at that same time and place undertook the obstetrical management of Ms. Peniazek and minor plaintiff from her home. At the same time, Dr. Conway’s home was located approximately 15 to 18 minutes from defendant Hospital.”
When plaintiff Jessica Peniazek was admitted, labor was induced and though her baby’s heartbeat initially showed 135 beats per minute, the suit explains that number drastically declined over the next few hours, to the point where an emergency C-section procedure was ordered and N.P. was born in distress.
Multiple subsequent attempts to intubate N.P. were thwarted when the tube became occluded with meconium. At that point, defendant Dr. Shah contacted the neonatal transport team at UPMC Children’s Hospital of Pittsburgh, notified them of N.P.’s condition and requested assistance and possible transport of minor plaintiff to UPMC Children’s Hospital.
“As it was, by 11:52 p.m., or 30 minutes after minor plaintiff was delivered, N.P. demonstrated an isolated bout of intermittent crying and grunting and remained unable to breathe spontaneously. Rather than continuing with positive pressure ventilation, transitioning to a laryngeal mask or intubating minor plaintiff as his condition warranted, the Resuscitation Team instead opted to provide minor plaintiff only blow by oxygen and room air with intermittent PPV. In fact, from approximately 11:52 p.m. and continuing through approximately 12:22 a.m. the next day, a span of 30 minutes, the Resuscitation Team provided minor plaintiff blow-by oxygen with room air and only intermittent PPV,” the suit says.
As a result of the defendants’ negligence, the suit says that the plaintiff suffered:
• Prolonged exposure to and/or inhalation of meconium;
• Fetal acidosis;
• Hypoxic ischemic encephalopathy;
• Permanent brain injury;
• Quadriparesis;
• Severe limitation in his ability to move independently;
• Acute kidney injury resulting in end stage renal disease requiring dialysis and organ transplant;
• Injury to his liver and coagulation defects associated therewith;
• An inability to swallow;
• Cortical visual impairment;
• Seizure disorder requiring tube feedings and the complications associated therewith;
• Limitation of motion in various parts of his body and impaired mobility;
• An impaired ability to communicate and perform any of the normal activities of daily living.
“Unfortunately, minor plaintiff suffered severe hypoxic ischemic encephalopathy attributable in part to the acts or omissions of Alyssa Phillippi, R.N., Jennifer Lynn-Opfer, R.N. and any other labor and delivery nurse responsible for monitoring minor plaintiff’s fetal heart rate and Jessica Peniazek’s contractions between the time of Jessica Peniazek’s admission to defendant Hospital and the time of minor plaintiff’s birth and in part to the acts or omissions of the Resuscitation Team between the time of minor plaintiff’s birth and the arrival of the UPMC Children’s Hospital critical care team,” the suit states.
“The sole and proximate cause of the foregoing occurrence and the injuries and damages related thereto, was the negligence of defendants and their agents, servants and/or employees, ostensible or otherwise. As a further direct and proximate result of the negligence of defendants as aforesaid, minor plaintiff has incurred expenses for doctors, hospitals and other items necessary for his care, and he will incur similar expenses for such medical, hospital, custodial and other care in the future. As a further proximate result of the negligence of defendants as aforesaid, minor plaintiff has suffered a complete destruction of his earning capacity and a loss of sums of money he would have otherwise earned in the future.”
For counts of professional negligence and corporate liability, the plaintiffs are seeking damages in excess of $50,000 and a trial by jury.
The plaintiffs are represented by Brendan P. Lupetin and Gregory R. Unatin of Lupetin & Unatin, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-22-003550
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com