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Long v. Isakov6/26/1989
Krupansky, J.
Plaintiffs Rufus and Michele Long ("mother"), individually, and Allyssa Long ("infant"), through her mother Michele Long, filed a complaint in Cuyahoga County Common Pleas Court, case number 85211, against defendants Terrence Isakov, M.D., Family Physicians Associates, Inc., John Cole, Jr., M.D., and Hillcrest Hospital. Plaintiffs' complaint alleged defendants committed medical malpractice and negligence during the labor of Michele Long and the birth of Allyssa Long. As a result of defendants' negligence and malpractice, plaintiffs alleged, Allyssa Long suffered serious and permanent brain damage.
The parties waived medical malpractice arbitration. Plaintiff Rufus Long voluntarily dismissed his claims against all defendants on October 26, 1987. After trial, the jury returned a verdict for defendants. On November 12, 1987 the trial court entered judgment for defendants. Plaintiffs filed a motion for new trial. On March 3, 1988 the trial court overruled plaintiffs' motion for new trial. Plaintiffs filed a timely notice of appeal assigning two errors.
The relevant facts follow:
The mother's expected delivery date of the infant was December 22, 1985. On January 2, 1986 at 3:30 a.m., the mother experienced labor pains and was taken to Hillcrest Hospital. The mother's amniotic membranes were ruptured by Dr. Cole to expedite the infant's delivery process. Dr. Cole was a house physician at Hillcrest Obstetrics Department. Dr. Cole observed an unusually small amount of amniotic fluid exit from the mother.
Defendant Dr. Isakov was the mother's private physician. At 7:30 p.m., the mother was placed in the delivery room. Dr. Isakov made two unsuccessful attempts to deliver the infant with forceps between approximately 7:50 p.m. and 8:15 p.m. Dr. Isakov then summoned Dr. Cole, who also made two unsuccessful forceps attempts. During the forceps attempts, the infant experienced bradycardia, a drop in the fetal heart rate. The mother was placed on her side and the fetal heart rate increased until normal.
Dr. Isakov decided the infant's head was too large to permit her to be delivered vaginally and called Dr. Sheldon Gillinov to perform a Caesarean section. The infant was delivered by Caesarean section at 9:15 p.m., approximately one hour and twenty-five minutes after the first forceps attempt had been performed. When Dr. Gillinov entered the uterine cavity, he noted a large amount of thick gobular meconium. Dr. Gillinov also noted the mother did not have any free amniotic fluid. Usually when a Caesarean section is done after attempted vaginal birth, the head of the baby acts as a cork in the birth canal and traps a large amount of amniotic fluid in the uterus. The infant was born with thick meconium in her nose, mouth and lungs. A neonatalogist removed the meconium and ventilated the infant. Dr. Gillinov also noted there was no visible forceps damage to the child or to the mother's uterine wall. The infant was very large and was born with signs of being post-mature, viz., dry, wrinkled skin and a lack of amniotic fluid.
The infant later experienced seizures. A diagnosis of brain damage was made, caused by asphyxia, a lack of oxygen. The infant has mental and motor damage and an I.Q. of less than 50.
Plaintiffs' theory of the cause of the infant's brain damage was stated by plaintiffs' expert witness, Dr. Rosen, as followed:
"I believe the damage to this child occurred at the end of labor and during the early period after birth."
Defendant Isakov admitted negligence in attempting to deliver the infant with forceps but denied his negligence was the proximate cause o
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