PITTSBURGH – A Pittsburgh couple who alleged that professional negligence on the part of personnel at the University of Pittsburgh’s Magee-Womens’ Hospital directly led to the death of their newborn child in 2021 recently resolved their claims through a $50,000 settlement.
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, 2022 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.”
Defense counsel filed separate answers to the complaint with new matter included on May 10, 2022 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.”
UPDATE
On Aug. 29, plaintiff counsel filed a petition to approve a survival and wrongful death settlement in the total amount of $50,000.
“Petitioner’s attorneys began their investigation by obtaining and reviewing voluminous medical records and imaging studies. The attorneys then conducted extensive medical research to confirm whether there existed a viable cause of action. Thereafter, petitioner’s attorneys sought out and consulted proper medical experts regarding the facts, circumstances, and medical care (or lack thereof) leading to decedent’s death and obtained certificates of merit based on the evidence known at the time. After obtaining the necessary certificates of merit, petitioners’ lawyers prepared and filed the original complaint. Extensive discovery, including numerous depositions were taken. It was discovered by petitioners’ counsel that the time entries in the medical records were not accurate. The defendants were able to credibly demonstrate through documentary evidence that despite what was described in the medical records there in fact was not a delay in performing resuscitation upon decedent. Furthermore, the autopsy results for decedent demonstrated a cause of death (meconium lodged deep within the lungs) which likely could not have been corrected regardless of the care provided,” the petition stated.
“As a result of discovering during litigation that the alleged negligence on which the case was premised (and for which there was a basis to so conclude in the medical records) had not actually occurred, petitioners’ counsel determined the case no longer possessed sufficient merit likely to lead to a favorable result at trial. Petitioners and their counsel discussed these issues. Petitioners understand the reality of what actually happened and the impact this had upon the original theory of liability. Petitioners’ counsel, in turn, negotiated a settlement with defendant UPMC Magee for $50,000. As part of the settlement, defendant Dr. Lichtsinn, was dismissed with prejudice.”
Accordingly, the following disbursement is proposed from the full settlement
proceeds of $50,000:
1) To Lupetin & Unatin, LLC & Todd J. Hollis Law for attorney’s fees: $9,500;
2) To Lupetin & Unatin, LLC & Todd J. Hollis Law for reimbursement of costs advanced: $11,633.47;
3) Payment to Tae’lone Johnson and Tyrese Jennings, the estate administrators, and as wrongful death beneficiaries; $28,866.53.
Though the petitioners retained counsel on a 33.3% contingent fee basis, counsel reduced their contingent fee to ~19% or $28,866.53 total, to increase the net recovery to petitioners.
Allegheny County Court of Common Pleas Judge Christine Ward approved the petition on Sept. 21, leading plaintiff counsel to file a praecipe to mark the case as settled and discontinued.
The plaintiffs were represented by Brendan B. Lupetin of Lupetin & Unatin, in Pittsburgh.
The defendant was 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