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A couple has filed a lawsuit after their daughter allegedly suffered a brain injury at birth.
Plaintiffs Shanisha Y. and Atiba K. are the parents of Z.K. They allege that Z.K. incurred a brain injury at birth, and the following entities and physicians, all of Philadelphia, are named defendants:
- Temple University Hospital
- Temple University
- Temple University Health System
- Shwetha S. Shrivatsa, M.D.
- Scott E. Jordan, M.D.
- Erin Cavanaugh, M.D.
According the complaint, Shanisha arrived at Temple University Hospital on Feb. 27, 2016 and was triaged to the labor and delivery department at 1:22 p.m. At that time, Shanisha was 27 years old and allegedly had a history of a previous C-section delivery. The couple says her estimated delivery day was the day she went to the hospital. She says she started to go into labor at 11 that morning.
Dr. Shrivatsa was the attending ob-gyn who examined Shanisha and planned for TOLAC, which means trial of labor after C-section.
According to the lawsuit, Shanisha was 90 percent effaced with a cervical dilation of 8 cm and there was no urine output indicated from a catheter. At 7:08 p.m., Dr. Shrivatsa allegedly decided a C-section should be performed. At 7:14 p.m., the baby’s baseline heart rate allegedly went up to the 170 range, compared with the 140 rate measured at admission.
By 7:29 p.m., the complaint says, they were able to see Shanisha’s bladder was draining urine, so the doctor allegedly canceled the C-section at 7:34 p.m.
Dr. Jordan made notes of concern regarding the baby’s heart tracings at least three times by 8:35 p.m., when a nurse noted light blood-tinged urine and allegedly notified Dr. Jordan, who issued no new orders at that time.
Throughout the next several hours, the external fetal monitor allegedly indicated recurrent variable deceleration of the heart beat. Shanisha vomited twice between 10 p.m. and 10:34 p.m. More blood-tinged urine was documented at 10:39 p.m.
At 10:48 pm, Dr. Cavanaugh allegedly checked the baby’s position. At 10:58 p.m., a nurse noted the fluid on the underpad was “meconium stained.” Meconium is the medical term for a newborn’s first bowel movement.
More decelerations were noted and at least one more notation of meconium staining was made.
At 12:25 a.m., Shanisha allegedly complained of chest pain. At 12:35 a.m., a nurse again documented menocium staining of the underpad. Dr. Jordan allegedly notified Dr. Shrivasta that a decision was made to perform an emergency C-section.
Baby Z.K. was not delivered until 1:22 a.m. — allegedly 47 minutes after the decision to perform an emergency C-section was made.
According to the brain injury at birth lawsuit, “Z.K. was delivered limp and apneic (not breathing.)”
The parents allege she was handed to a waiting pediatrician and was tracheally suctioned of thick meconium below the cords. Her heart rate allegedly was only 60 beats per minute. After a mask and positive pressure ventilation, she still did not appear to make any respiratory effort of her own, the lawsuit states.
Z.K. was allegedly intubated and transferred to the infant ICU. She allegedly began having right-sided tonic clonic seizures of her extremities at 23 hours old.
“On her second day of life, Z.K.’s neurologist confirmed mild to moderate hypoxic ischemic encephalopathy, a devastating brain injury,” alleges the brain injury at birth lawsuit.
The brain injury at birth allegedly was due to the delay in her delivery that caused her brain to suffer oxygen deprivation.
The Brain Injury at Birth Lawsuit is Case No. 2:18-cv-02803-MSG in the Court of Common Pleas, Philadelphia County.
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