PITTSBURGH – University of Pittsburgh’s Magee-Womens’ Hospital and one of its doctors have denied allegations that they committed professional negligence which led to the death of the plaintiffs’ newborn child last year.
Tae’lone Johnson and Tyrese Jennings (individually and as administrators of the Estate of Levi Jennings) first filed suit in the Allegheny County Court of Common Pleas on Jan. 12 versus UPMC Magee-Womens’ Hospital and Katrin Lichtsinn, MD. All parties are of Pittsburgh.
“In the summer of 2021, Tae’Lone Johnson and Tyrese Jennings were expecting their first child, a baby boy to be named Levi. At 19 years old, baby Levi was Johnson’s first pregnancy. Johnson’s pregnancy with baby Levi was uneventful and healthy. On June 13, 2021, in Johnson’s 39th week of pregnancy, she began to experience uterine cramping around 3 a.m. Around 7:30 a.m., Johnson’s water broke,” the suit said.
“Johnson and Jennings arrived at UPMC Magee-Womens Hospital around 8:45 a.m. Johnson was triaged by Magee Obstetrics. At this time, Johnson’s cervix was closed. Baby Levi was moving. Magee Obstetrics noted that Johnson’s amniotic fluid was green-tinged, indicating the presence of meconium. At Magee, Johnson tested positive for Group B Streptococcus. As a result, UPMC Magee started Johnson on IV vancomycin.”
The suit added while monitoring her labor progression and administering low-dose Pitocin and an epidural to Johnson, it was determined she had a fever of 38.3°C and an elevated heart rate, indicating to providers that she may have chorioamnionitis (which was later proven correct).
After Levi was born at 7:43 a.m. on June 14, 2021 with complications, the suit continues that UPMC Magee’s providers “failed to properly ventilate baby Levi, utilize positive pressure ventilation, utilize a laryngeal mask airway, implement endotracheal intubation, monitor baby Levi’s blood pressure or heart rate, utilize deep suction when indicated, or timely perform chest compressions.”
As ventilation was attempted through the initially placed endotracheal tube, the suit says that baby Levi’s chest was “allegedly rising, but his heart rate and blood oxygen saturation were not improving, an indication the endotracheal tube was in the wrong location and/or the presence of an obstruction.”
“Dr. Lichtsinn attempted to reintubate baby Levi at 8 a.m. and again improperly intubated and/or failed to confirm the endotracheal tube was in good position with no obstruction. Again, baby Levi had no improvement in his heart rate or blood oxygen saturation. Dr. Lichtsinn again removed baby Levi’s endotracheal tube. Dr. Lichtsinn chose not to attempt to reintubate baby Levi. Dr. Lichtsinn chose not to request the assistance from another provider with greater resuscitation or intubation expertise, even though such persons were available. Neither Dr. Lichtsinn nor UPMC Magee’s providers attempted to suction or make any attempt to remove any potential obstruction to baby Levi’s airway,” the suit stated.
“At 8:07 a.m., Dr. Lichtsinn attempted a thoracentesis to the left side of baby Levi’s chest, with a return of 7 cc of blood and no air. At no point between the time of baby Levi’s birth until his death did Dr. Lichtsinn or any of the UPMC Magee providers request help from other provider(s) with greater resuscitation or intubation expertise, even though such persons were available. Dr. Lichtsinn stopped the resuscitation attempt and declared baby Levi dead at 8:12 a.m., after 29 minutes of life and only 17 minutes of attempted resuscitation. After baby Levi’s death, an autopsy revealed that his primary cause of death was meconium obstructing the airway.”
UPDATE
Defense counsel filed separate answers to the complaint with new matter included on May 10, for both defendant Lichtsinn and defendant UPMC Magee-Womens Hospital. Each answer denied the plaintiffs’ allegations in their entirety.
“These defendants assert those applicable defenses under the Medical Care Availability and Reduction of Error Act (MCARE Act) and/or Health Care Services Malpractice Act. To the extent that the evidence reveals that the decedent had a pre-existing condition that caused or contributed to the claimed injury, these defendants plead the existence of that pre-existing condition as an affirmative defense. To the extent the evidence reveals any failure to mitigate, these defendants plead this as an affirmative defense,” the defendants’ new matter stated.
“These defendants plead that, without admitting any liability, the alleged damages and injuries, if any, were not caused by these defendants but were instead caused by others not under these defendants’ control or supervision. These defendants plead that, without admitting any liability, the alleged damages and injuries, if any, were caused by intervening and/or superseding causes. Plaintiffs are barred from recovering any past premiums, deductibles or other expenses related to the health insurance plan providing minimum essential coverage as required by law. Plaintiffs are barred from recovering any past medical expenses to the extent that plaintiffs failed to obtain the minimum essential coverage as required by the Affordable Care Act.”
For counts of professional negligence – survival, professional negligence (vicarious) – survival, professional negligence (direct/”corporate”) – survival and professional negligence – wrongful death, the plaintiffs are seeking all damages in excess of the threshold amount for a board of arbitrators in this jurisdiction and demand a trial by jury.
The plaintiffs are represented by Brendan B. Lupetin of Lupetin & Unatin, in Pittsburgh.
The defendants are represented by Justin M. Gottwald and Amanda N. Zagari of Dickie McCamey & Chilcote, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-22-000391
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com