Brain Damaged baby, delivered delayed emergency c-section. The plaintiff was delivered severely depressed with Apgar scores of 0,2,2,2,2 and with a blood gas that descended to 6.8. There was an absence of blood both in the fetus and in her umbilical cord. Testing revealed a Fetal-Maternal Hemorrhage (FMH) had occurred in which all of the fetal blood supply had been discharged into the mother’s circulation in-utero. As a result, the fetus had suffered from ischemia and hypoxia/anoxia causing severe brain injury before delivery. The plaintiff has virtually no interaction with her environment, does not respond, cannot speak, cannot roll over or reach, and is fed via G-tube. The family plans to permanently reside in the US once this case is resolved. The plaintiff has brought an action against Kaiser for Negligence. The plaintiff’s mother has brought an action against Kaiser for Negligence and Negligent Infliction of Emotional Distress. The Negligence claim is based in part on the extreme pain suffered by the plaintiff’s mother during cesarean in which early incision under spinal analgesia was replaced by rapid sequence general to complete the surgery. The plaintiff’s parents have brought an action against Kaiser for Loss of Consortium due in part to the significant period in which the couple have been separated- she in China and he in the US, in order to afford the around-the-clock child care.
