Two parents are suing for cerebral palsy injuries, alleging that their daughter developed the condition after suffering from comprised birthing conditions.
Plaintiffs Diana F. and Alireza E. recently filed a lawsuit against numerous doctors suing for cerebral palsy injuries, claiming that the doctors’ negligence caused their daughter Amelia to suffer from neurological damages.
According to the couple’s complaint, in January 2014, Diana became pregnant and enlisted the services of obstetrician-gynecologist Dr. Fernandez. Her first visit with him was in February 2014. During her second visit, Dr. Fernandez informed Diana that she was pregnant with twins, the couple says. However, he allegedly did not inform her that her pregnancy was high risk due to her expecting “mono-mono twins”.
Mono-mono twins, standing for monoamniotic-monochronic, are extremely rare and occur when a set of identical twins share both an amniotic sac and a placenta. Although modern medicine has significantly increased the survival chances for mono-mono twins, the situation requires strict monitoring to prevent complications. Complications common with mono-mono twins include tangled umbilical cords, neurological damages, and death. To avoid these, most medical professionals suggest fetal monitoring starting at the 24th week of pregnancy and birth between weeks 32 and 34.
Diana and Alireza claim that despite the medical standards for mono-mono twin care, Dr. Fernandez allegedly failed to inform Diana of the state of her pregnancy until the third appointment in April 2014 and did not refer her to a specialist until May 2014.
At this time, 24 weeks into her pregnancy, Diana visited Dr. Martinez, a high-risk pregnancy specialist. Although Dr. Martinez was supposed to provide detailed surveillance and fetal monitoring, he allegedly did not have the devices to do so nor did he suggest a place to go for monitoring.
“The lack of necessary equipment was or should have been known to Dr. Fernández because Dr. Fernández has referred to Dr. Martínez hundreds of cases before Diana’s case,” the lawsuit suing for cerebral palsy injuries states.
In July 2014, at 28 weeks pregnant, the couple says they were told by Dr. Fernandez that one of her fetuses had died. During this visit, Diana was told for the first time that the death of one fetus could seriously compromise the health of the health of the other and increase the risk for neurological conditions.
On July 8, 2014, Amelia was born via emergency C-section. Due to the complications associated with Diana’s pregnancy, she allegedly now suffers from cerebral palsy, spastic quadriplegia, dysphagia, blindness, epilepsy, and urinary and fecal incontinence.
Diana and Alireza claim that the doctors’ negligence caused their daughter to experience these complications and are suing for cerebral palsy injuries to hold them accountable. The family claim that, had the doctors provided Diana with the care she required during her pregnancy, both twins may have survived without serious neurological damages.
In their complaint suing for cerebral palsy injuries, Diana and Alireza seek damages for themselves and Amelia. For all damages to Diana, Alireza, and Amelia, for pain and suffering, loss of earning capacity, emotional distress, and more, the family seeks at least $9 million in damages.
The Cerebral Palsy Lawsuit is Case No. 3:18-cv-01503-GAG in the United States District Court for the District of Puerto Rico.
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