OT: $50M sought in Bend midwife suit

May 9, 2012

This lawsuit was predictable. It was only

a matter of time. The state and the health licensing boards (midwife,

naturopathic, chiropractic) have known of actual bad outcomes and potential bad

outcomes (given known risk of higher risk pregnancies) yet refused, and continue

to refuse, to act accordingly to protect the public. This is very sad. The

importance of proper training and malpractice insurance cannot be overstated.

s. fuchs dc

$50M sought in Bend

midwife suit

* The parents of boy born with cerebral palsy sue a birth center, the

state and 2 midwives over what they deem negligence

By Sheila G. / The Bulletin

Published: April 13. 2012 4:00AM PST

The parents of a child who suffered complications at birth are suing the

state, a Bend-based birth center and two of its midwives for medical

negligence and fraud. They are asking for more than $50 million.

In a lawsuit filed April 2, e and Greg s - on behalf of

their son - are suing the state of Oregon, Motherwise Community Birth

Center, midwife Tucker and midwife Christyn King for the medical

problems they say the baby faces as a result of oxygen starvation during

birth.

The lawsuit asks for $25 million in noneconomic damages as well as $22.5

million in economic damages in the form of ongoing medical and

therapeutic care and lost wages. It also asks for $3 million in

noneconomic damages to e s for the experience she had with

her son's birth.

The s' attorney, J. Savage, said he hoped to serve the

lawsuit this week.

" This child's health care costs are going to be substantial, "

Savage

said. " He'll never earn a living in a conventional sense and will

never

have a normal life. "

Savage added that the child will need constant care and, because he is

not ventilator-dependent or tube-fed, he will likely have a near-normal

life expectancy.

Tucker, who started Motherwise

Birth Center

in 2007, did not return a

call for comment.

According to the lawsuit, the ses contracted with Motherwise to

provide midwifery services for the birth of their child. The child was

expected to be born in April 2010.

The lawsuit alleges that Motherwise, Tucker and King did not have

malpractice insurance and did not alert the ses to that fact.

According to Oregon

administrative rules, licensed birth centers and

midwives must provide patients with a disclosure form that includes,

among other things, whether they hold malpractice coverage.

" Had the required disclosure been made to e s or Greg

s about the absence of any malpractice coverage, they would not

have agreed to proceed with midwifery or (licensed direct entry)

services from defendants Motherwise LLC, Tucker and/or King, " the

lawsuit states.

The ses' son was born April 5, 2010. According to the lawsuit, in

the weeks leading up to the birth, e s had indications of

high blood pressure, which can cause a variety of problems for both

mother and baby.

e s went to Motherwise on April 2, 2010, to try to start

labor through stripping the membranes, a procedure involving the

membrane separating the amniotic sac from the uterine wall. The

procedure causes the body to release hormones that can lead to

contractions. s was then sent home, but returned two days later.

According to the lawsuit, s still had high blood pressure

" and

signs of a developing infection " and was sent home once again.

When she

returned to the birth center on April 5, her blood pressure remained

elevated for three more hours, including during the birth of her son.

The lawsuit states no monitoring equipment was used to check the fetal

heart rate. Nevertheless, " the fetal heart rate was noted to

indicate

periodic bradycardia (slow heart rate) and nonreassuring decelerations

of the fetal heart rate. "

When born, the infant did not respond to stimulation and did not breathe

on his own. He was taken to St. Bend, and 10 days later was

discharged with signs of brain damage caused by oxygen starvation from

birth.

The baby suffered, among other things, significant brain damage and

cerebral palsy.

" These injuries, harms and losses are expected to be permanent in

nature, " the lawsuit states.

The lawsuit alleges Motherwise and the two midwives should have referred

e s to an obstetrician/gynecologist for prenatal and labor

and delivery services.

It also alleges the birth center and its midwives should have told the

ses they had no malpractice insurance.

Finally, the lawsuit alleges the state was negligent.

The Oregon Administrative Rules have a list of " absolute risk

factors "

for birthing centers. When a risk factor is present, the regulations

state a pregnant mother should be transferred to a higher level of care,

like a hospital. One of the risk factors is hypertension. The state

listed the threshold at a blood pressure of 150/100. According to the

lawsuit, that threshold was " inappropriate and not evidence based. "

The ses allege the state was negligent for several reasons, most

notably because of the blood pressure level it lists as a risk factor.

The lawsuit also alleges the state didn't require a mandatory disclosure

form be produced to members of the public receiving services from

midwives, licensed direct entry midwives or birthing centers, and that

it didn't implement " evidence based standards for the protection of

Oregon

citizens. "

" The state, if it's going to require mandatory disclosures be

made, it

should implement a uniform disclosure form to ensure those requirements

are being satisfied, " Savage said. " It's a very simple

system, but

beginning with airline pilots and now in the medical field in terms of

hospitals, checklists are becoming more predominant and it just ensures

that people are told what they need to be told, which in this case

didn't occur. "

A pretrial hearing is slated for July.

- Reporter: , smiller@...

________________________________

Published Daily in Bend

Oregon by Western Communications,

www.bendbulletin.com <http://www.bendbulletin.com/>

May 9, 2012

A website on physician litigation stress includes a reading list.

One of the featured books is about a very similar case in which the birth is managed at a hospital by a midwife, a nurse, and eventually an OB.

It gives excellent insight into the vagaries of handing off responsibilities in real-time situations where lawyers later ask about every detail of the event.

The book is a slog to get through, sort of like litigation itself and the plaintiffs are not pleasant people to ponder. Sort of like the cast and audience of Jerry Springer.

NOT that I’ve ever watched it.

Here’s the book.

http://www.amazon.com/exec/obidos/ASIN/0425168638/physicianliti-20

Here’s the website:

http://www.physicianlitigationstress.org/books.php

--

E. Abrahamson, D.C.

Chiropractic physician

Lake Oswego Chiropractic Clinic

315 Second Street

Lake Oswego, OR 97034

Website: http://www.lakeoswegochiro.com

Date: Wed, 9 May 2012 08:33:29 -0700

To: <oregondcs >

Subject: OT: $50M sought in Bend midwife suit

This lawsuit was predictable. It was only a matter of time. The state and the health licensing boards (midwife, naturopathic, chiropractic) have known of actual bad outcomes and potential bad outcomes (given known risk of higher risk pregnancies) yet refused, and continue to refuse, to act accordingly to protect the public. This is very sad. The importance of proper training and malpractice insurance cannot be overstated.

s. fuchs dc

$50M sought in Bend midwife suit

* The parents of boy born with cerebral palsy sue a birth center, the

state and 2 midwives over what they deem negligence

By Sheila G. / The Bulletin

Published: April 13. 2012 4:00AM PST

The parents of a child who suffered complications at birth are suing the

state, a Bend-based birth center and two of its midwives for medical

negligence and fraud. They are asking for more than $50 million.

In a lawsuit filed April 2, e and Greg s - on behalf of

their son - are suing the state of Oregon, Motherwise Community Birth

Center, midwife Tucker and midwife Christyn King for the medical

problems they say the baby faces as a result of oxygen starvation during

birth.

The lawsuit asks for $25 million in noneconomic damages as well as $22.5

million in economic damages in the form of ongoing medical and

therapeutic care and lost wages. It also asks for $3 million in

noneconomic damages to e s for the experience she had with

her son's birth.

The s' attorney, J. Savage, said he hoped to serve the

lawsuit this week.

" This child's health care costs are going to be substantial, " Savage

said. " He'll never earn a living in a conventional sense and will never

have a normal life. "

Savage added that the child will need constant care and, because he is

not ventilator-dependent or tube-fed, he will likely have a near-normal

life expectancy.

Tucker, who started Motherwise Birth Center in 2007, did not return a

call for comment.

According to the lawsuit, the ses contracted with Motherwise to

provide midwifery services for the birth of their child. The child was

expected to be born in April 2010.

The lawsuit alleges that Motherwise, Tucker and King did not have

malpractice insurance and did not alert the ses to that fact.

According to Oregon administrative rules, licensed birth centers and

midwives must provide patients with a disclosure form that includes,

among other things, whether they hold malpractice coverage.

" Had the required disclosure been made to e s or Greg

s about the absence of any malpractice coverage, they would not

have agreed to proceed with midwifery or (licensed direct entry)

services from defendants Motherwise LLC, Tucker and/or King, " the

lawsuit states.

The ses' son was born April 5, 2010. According to the lawsuit, in

the weeks leading up to the birth, e s had indications of

high blood pressure, which can cause a variety of problems for both

mother and baby.

e s went to Motherwise on April 2, 2010, to try to start

labor through stripping the membranes, a procedure involving the

membrane separating the amniotic sac from the uterine wall. The

procedure causes the body to release hormones that can lead to

contractions. s was then sent home, but returned two days later.

According to the lawsuit, s still had high blood pressure " and

signs of a developing infection " and was sent home once again. When she

returned to the birth center on April 5, her blood pressure remained

elevated for three more hours, including during the birth of her son.

The lawsuit states no monitoring equipment was used to check the fetal

heart rate. Nevertheless, " the fetal heart rate was noted to indicate

periodic bradycardia (slow heart rate) and nonreassuring decelerations

of the fetal heart rate. "

When born, the infant did not respond to stimulation and did not breathe

on his own. He was taken to St. Bend, and 10 days later was

discharged with signs of brain damage caused by oxygen starvation from

birth.

The baby suffered, among other things, significant brain damage and

cerebral palsy.

" These injuries, harms and losses are expected to be permanent in

nature, " the lawsuit states.

The lawsuit alleges Motherwise and the two midwives should have referred

e s to an obstetrician/gynecologist for prenatal and labor

and delivery services.

It also alleges the birth center and its midwives should have told the

ses they had no malpractice insurance.

Finally, the lawsuit alleges the state was negligent.

The Oregon Administrative Rules have a list of " absolute risk factors "