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Reffitt v. Hajjar9/2/1994
The appellant, Rebecca Reffitt, was taken to King's Daughters' Medical Center at about 5 o'clock on the morning of August 1, 1990, by her husband, Mark Reffitt, to deliver their first children, identical twin boys. Rebecca, a medicaid recipient, had received prenatal care at the Boyd County Clinic. Dr. Hajjar, her doctor, had a booming obstetric practice and delivered one-third of all the babies at King's Daughters' in Ashland. There is no question that Rebecca Reffitt received appropriate prenatal care and that the babies were, prior to her labor, in excellent health in utero.
Between the time Rebecca was admitted to King's Daughters' and 2:58 p.m. in the afternoon when the first baby, Chad Reffitt, was delivered, something went terribly wrong. The babies were tracked throughout the day by a fetal heart monitor. The monitor showed the beating patterns of both babies' hearts and the contractions Rebecca was experiencing. Although both babies demonstrated normal heart rates initially, by 9:30 a.m., as Rebecca's labor increased, Chad's heart rate indicated he was suffering fetal distress. Rebecca's experts at trial, Dr. Gordon and Dr. Narayan, testified that intervention by caesarian section was indicated no later than 10:30 a.m.
At around 11:00 a.m. Rebecca's labor slowed down, and when Dr. Hajjar visited her room at 11:30, the monitor indicated that Chad's heart rate was high, but other signs of fetal distress were not present. Dr. Hajjar testified that at that time he reviewed the entire monitor strips for the period of 9:30 to 11:30 and found nothing to be concerned about. He then ordered that Rebecca be given Pitocin, a uterine-contracting drug. He went back to his office at about 12:30 p.m. and did not return to the labor room until immediately before the delivery.
Once the drug, designed to enhance the labor progress, caused Rebecca's contractions to intensify, the monitor again indicated Chad was experiencing fetal distress. The strips were described as "agonal." Even Dr. Hajjar's experts testified that by 1 p.m. intervention was essential, and that after 1:30 p.m. there was no chance for Chad to be delivered without severe brain damage. When Chad was ultimately delivered at close to 3 p.m., it took nearly 30 minutes to resuscitate him. He sustained severe irreversible brain damage at birth due to in-utero asphyxia. He was transported to the University of Kentucky Medical Center where he lived for several weeks dependent on a respirator and other life support devices. He required surgery to keep from choking to death. He was then moved to the Home of the Innocents in Louisville where, on November 20, 1990, he died.
On April 2, 1991, Mark Reffitt and Rebecca Reffitt, individually, and Rebecca, as the administratrix of the estate of Chad Reffitt, commenced this action in the Boyd Circuit Court naming as defendants, Ashland Hospital Corporation (King's Daughters'), Naji Hajjar and Rita Amburgey. Amburgey was the head obstetrical nurse at King's Daughters' and personally attended to Rebecca on August 1, 1990.
In the fall of 1991, the Reffitts' marriage was dissolved. On January 6, 1992, Mark Reffitt was killed during the commission of a robbery. On February 20, 1992, Donald Reffitt, Mark Reffitt's father and the administrator of his estate, moved to dismiss the claims of Mark against the various defendants. This motion was sustained on February 28, 1992.
In May 1992, Rebecca Reffitt settled her claims against Kings Daughters' and Nurse Amburgey. On September 28, 1992, Rebecca's trial against Hajjar commenced, lasting for seven days. In his defense Hajjar offered proof that there was no clear indication that intervention was nece
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