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Frye v. University of Cincinnati9/14/2004
DECISION
{ } Plaintiff, Lawanda Frye, brought this action individually and on behalf of her son, Charles Bishop, against defendant alleging medical negligence. The issues of liability and damages were bifurcated and the case proceeded to trial on the issue of liability.
{ } Plaintiff began prenatal care at defendant's clinic when she was 33 weeks pregnant. Plaintiff was 16 years old, obese, and suffered from diabetes. Approximately four weeks later, on September 16, 1997, plaintiff was admitted to defendant's hospital to rule out pre-eclampsia (pregnancy-induced hypertension) after having had an elevated blood pressure reading at the clinic. Plaintiff underwent daily "non-stress" tests from September 16-20, 1997. On September 20, 1997, an amniocentesis was performed to determine whether Charles' lungs were mature enough to withstand delivery at 37 weeks. After the results of the amniocentesis were obtained, plaintiff's labor was induced. Throughout the course of plaintiff's labor, her contraction pattern and Charles' heart rate were monitored. Plaintiff was administered several doses of Cervadil to dilate her cervix and Pitocin to induce contractions; however, plaintiff's labor did not progress.
{ } On September 23, 1997, plaintiff was treated with a Foley balloon, a mechanical device to dilate the cervix. On September 24, 1997, plaintiff's membranes were ruptured and the presence of meconium (newborn feces) was discovered, which presented a risk of infection. At 6:00 p.m. that evening, Dr. Paula Hillard came on duty to supervise the residents who were in charge of plaintiff's labor and delivery. On September 25, 1997, at 5:14 a.m., Charles' head was delivered, but his shoulder was lodged against plaintiff's pubic bone. This problem, known as "shoulder dystocia" is life-threatening for the infant. With Dr. Hillard observing, a resident, Dr. Mava Robinson-Walton, attempted to free Charles from the shoulder dystocia. In doing so, Dr. Walton exerted firm, downward traction on Charles' head. Dr. Hillard ultimately stepped in and delivered Charles six minutes after his head was delivered. Charles' Apgar score, which measures a newborn's physical condition, was zero (poor) at one minute after birth, and he suffered cardiopulmonary arrest for five minutes after delivery. Charles was born with a permanent brachial plexus (shoulder) injury and a mild brain injury.
{ } Plaintiff asserts that because the fetal monitoring strips showed signs of fetal distress, including "repetitive late decelerations," a Cesarean-section (C-section) should have been performed by 4:00 a.m. on September 25, 1997. Plaintiff further asserts that Dr. Hillard's actions fell below the standard of care because she did not order a C-section by 4:00 a.m. and because she mismanaged the shoulder dystocia.
{ } The court notes that on November 3, 1999, the court issued a decision and judgment entry finding that Dr. Hillard was entitled to civil immunity pursuant to R.C. 9.86 and 2743.02(F). The parties agree that the residents' actions are not at issue in this case.
{ } Dr. Walton testified that she was a third-year resident at defendant's hospital at the time of delivery; that plaintiff's labor was induced because she had elevated blood pressure, diabetes and mild pre-eclampsia; and that she had presumed that plaintiff's poor contraction pattern was a result of an infection.
{ } Dr. Walton testified that there is a 50 percent chance of shoulder dystocia when no risk factors are present but that factors such as maternal obesity and maternal diabetes increase the risk. According to Dr. Walton, once Charles' shoulder dystocia was discovered, she performed the "McRober
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