Asphyxia Brain Damaged Second Twin, Mom Says

Asphyxia Brain Damaged Second Twin, Mom Says
By TISH KRAFT
Courthouse News
November 02, 2012

SANTA ANA, Calif. (CN) - Kaiser Permanente's botched prenatal, labor, delivery and post-natal care for a pregnancy, leaving her baby brain damaged, says a newborn's mother in a complaint filed in Orange County Superior Court.

The minor plaintiff, born after his twin, who had died in utero, developed hypoxic ischemic encephalopathy, according to the complaint.

Kaiser botched "the examinations, ultrasounds, evaluations, diagnosis, care and treatment" of mother and son, her complaint says.

Kaiser also "failed to properly advise the plaintiff's mother of any possible alternative methods of diagnosis and treatment and the possible attendant risks or diagnosis or treatment thereby failing to obtain a free and informed consent," according to the complaint.

Because of his illness, the boy will need "past and future medical care, nursing care, attendant, rehabilitation, physical and occupational therapy, speech therapy, educational therapy and attendant expenses," according to the complaint. He also has lost earning capacity, and experienced severe pain and physical and emotional suffering, according to the complaint.

The woman claims in her complaint that defendants, Children's Hospital of Orange County and 10 doctors, were negligent in caring for her newborn's multiple injuries related to his hypoxic ischemic encephalopathy, including, his kidneys, his neurologic system and his heart. These defendants were negligent in failing to appropriately monitor and treat the baby's hypertension, which ultimately caused additional damage to his kidneys, heart and brain, according to the complaint.

Plaintiffs sue for medical malpractice and negligent infliction of emotional distress, and are represented by Marshall Silberberg of Irvine.