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Walters v. Hobbs8/22/2001
medications which increased the potentiality of a small-for-gestational-age fetus;
"D. In failing to properly prepare for and anticipate a small-for-gestational-age fetus, in light of factors that indicated that this was a high-risk pregnancy, including that plaintiff Sherri Walters was taking medication for a heart condition, which medication raised the potentiality of intrauterine growth retardation;
"E. In failing to arrange for the delivery of plaintiff Cheyenne L. Walters at a facility properly equipped and staffed with personnel competent to handle a high-risk pregnancy when it ought to have been anticipated that the fetus would be small for gestational age;
"F. In failing to have a pediatrician present at the time of delivery or immediately available at the time of delivery of Cheyenne L. Walters, in light of the fact that Sherri Walters' pregnancy was a high-risk pregnancy and there was a known risk that plaintiff Cheyenne L. Walters would be small for her gestational age;
"G. In failing to undertake ultrasound at times critical for ascertaining the approximate size of fetus Cheyenne L. Walters prior to her birth on February 15, 1993, which would have indicated that she was a small-for-gestational-age fetus;
"H. In allowing plaintiff Sherri Walters to go two weeks after her estimated due date for delivery of Cheyenne L. Walters, which increased the likelihood of meconium release and subsequent aspiration of meconium into the lungs before her birth, resulting in damage to lung tissue inhibiting Cheyenne's ability to inhale oxygen and exhale waste products and requiring forced oxygen resulting in permanent lung damage after birth;
"I. In failing to properly follow Sherri Walters during the course of her prenatal period in light of the fact that her pregnancy with plaintiff Cheyenne L. Walters was a high-risk pregnancy and that it was known to defendant Hobbs that Sherri Walters was taking medication which increased the potentiality of a small-for-gestational-age fetus, sometimes referred to as intrauterine growth retardation, which would require early delivery as soon as growth and lung maturity would allow;
"J. In failing to advise Sherri Walters that a high-risk pregnancy such as hers should be treated and followed by a perinatalogist and delivery should occur in a tertiary care facility where proper equipment and appropriate specialists are readily available."
In their original complaint, plaintiffs sought damages as follows:
"That as a result of the negligence of the defendants herein, plaintiff Cheyenne L. Walters has suffered permanent lung damage, stunting her growth, and damage to her nervous system, all of which has caused plaintiff in the past and will in the future cause plaintiff Cheyenne L. Walters to experience pain and suffering, limitation of physical pursuits and impaired earning capacity all to plaintiff Cheyenne L. Walters' general damages in the sum of $4,000,000.00.
"That in light of the foregoing, plaintiffs Kenny Walters and Sherri Walters have incurred, and will incur, medical bills on behalf of minor Cheyenne Walters in the approximate amount of $500,000.00.
"That in light of the foregoing, plaintiffs Kenny Walters and Sherri Walters will in the future incur damages due to the loss of earnings and services from minor Cheyenne L. Walters.
"That as a direct and proximate result of the defendants' negligence herein, plaintiff Sherri Walters has suffered emotional distress from witnessing the birth of plaintiff Cheyenne L. Walters, wherein it was apparent that she was covered with meconium and in fetal distress which required
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