PITTSBURGH – A Pittsburgh couple allege that their infant son developed severe hypoxic ischemic encephalopathy, due to the negligence of medical professionals from West Penn Hospital prior to and during the baby boy’s delivery.
J.M. (a minor, by and through Amber Brandon and James Morris Sr., his parents and natural guardians) Amber Brandon and James Morris Sr., individually, filed suit in the Allegheny County Court of Common Pleas on May 11 versus West Penn Hospital, West Penn Allegheny Health System, Inc. (doing business as “West Penn Hospital”) and Allegheny Health Network. All parties are of Pittsburgh.
“On Dec. 21, 2021, Amber Brandon, then 34 years old and 32 weeks pregnant with minor plaintiff, presented for a routine obstetrical appointment with Sonia Aneja, M.D. At this appointment, Dr. Aneja noted that Brandon’s blood pressure was normal, her 28-week labs were normal and that the only potential complication of the pregnancy was that minor plaintiff’s gallbladder was dilated. Dr. Aneja instructed Brandon to present for a fetal ultrasound on Dec. 28, 2021, followed by another routine obstetrical visit on Jan. 4, 2022,” the suit says.
“On Dec. 28, 2021, Brandon, now 33 weeks pregnant, underwent a fetal ultrasound that was interpreted by Ronald Thomas, M.D., as entirely normal, including minor plaintiff’s gallbladder. At 6:42 p.m. on Jan. 2, 2022, Brandon developed contractions and significant bleeding from her vagina. Brandon called 911 and reported her symptoms. At or about 6:45 p.m., Northwest EMS was dispatched to Brandon’s apartment. The Northwest EMS crew, comprised of emergency medical technicians Michael Gonabe and Natalie Drab, arrived at Brandon’s residence at 6:49 p.m.”
The EMT’s initial impression was that Brandon suffered a vaginal hemorrhage and readied her for transport to West Penn Hospital, activating an Advanced Life Support Notification so that hospital personnel would be ready to receive Brandon to expedite care and treatment for her.
However, despite this notification, the suit states that no one came to greet or assist the EMT’s or provide any assessment, triage or treatment to Brandon, upon her arrival to the hospital. Rather, Brandon laid on a stretcher in the emergency department for the next 20-25 minutes without any care, treatment, evaluation, assessment and/or triage from defendant Hospital and/or its medical staff.
During that period, it is believed that Brandon suffered a placental abruption that deprived the minor plaintiff of oxygen, such that without immediate delivery via Caesarean section, it would result in the child suffering a brain injury or death. Brandon was not attended to until she was in the emergency department for 23 minutes, according to the complaint.
“At 7:58 p.m., 25 minutes later after her arrival in defendant Hospital’s emergency department, Brandon was assessed by an unknown healthcare worker of defendant hospital who concluded that minor plaintiff did not have a heartbeat. Shortly thereafter, Brandon was assessed by third-year obstetrical resident Nicholas Scioscia, D.O. Dr. Scioscia applied a fetal heart monitor to Brandon and noted the presence of heartbeat, albeit non-reassuring fetal bradycardia,” the suit states.
“Immediately following his evaluation of Brandon, Dr. Scioscia called a Code ‘O’ for non-reassuring fetal heart tones. Dr. Scioscia discussed the case with attending obstetrician Jenny Halfhill, D.O. Dr. Halfhill decided to proceed directly to the operating room for an emergency Caesarean delivery. Minor plaintiff was delivered without difficulty at 8:15 p.m. As the placenta was delivered, several large clots were observed consistent with placental abruption.”
When the baby was born, he was noted to be floppy, with no spontaneous breathing activity, leading him to be incubated, intubated and provided with chest compressions, which improved his heart rate and oxygen levels.
After a sample of the baby’s blood was analyzed, it was assessed that the minor plaintiff suffered severe hypoxic ischemic encephalopathy. He has since been diagnosed as having suffered a catastrophic brain injury, which has led to microcephaly and craniosynostosis, for which the baby will require reconstructive surgery.
For multiple counts of professional negligence, corporate liability and negligent infliction of emotional distress, the plaintiffs are seeking damages in excess of $50,000 and a trial by jury.
The plaintiffs are represented by Brendan B. Lupetin and Gregory R. Unatin of Lupetin & Unatin, in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-22-005612
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com