COMPLAINT - American Association for Justice

IN THE CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE
SIMON CREAGER by next )
friend MARISSA CREAGER and )
MARISSA CREAGER, )
Individually )
)
Plaintiffs )
)
vs. ) No._____________
)
ELIZABETH L. OLDFIELD, M.D., )
2201 Murphy Ave., Medical Plaza )
Suite 201 )
Nashville, TN 37203 )
)
GROWDON, VAN HOOYDONK, )
BRESSMAN, and ADKINS, P.C. )
Agent: Daniel C. Paulus )
1102 17 th Ave., South )
Suite 300 )
Nashville, TN 37212 )
)
ST. THOMAS HOSPITAL )
Agent: Sister Priscilla Grimes )
4220 Harding Road )
Nashville, TN 37205 )
)
Defendants )
COMPLAINT
1. Plaintiff, Marissa Creager is 39 years old. She is a citizen and resident of
Davidson County, Tennessee. The plaintiff, Simon Creager, was born March 31, 1997
and is a citizen and resident of Davidson County, Tennessee.
2. Defendant Elizabeth L. Oldfield, M.D., hereinafter referred to as
“Oldfield,” is a physician specializing in the practice of obstetrics and gynecology. At all
material times, defendant Oldfield practiced medicine in Davidson County, Tennessee.
3. Growdon, Van Hooydonk, Bressman and Adkins, P.C., hereinafter
referred to as “Growdon,” is a corporation organized and existing under the laws of the
State of Tennessee for the purpose of providing obstetrical and gynecological care to
patients. At all material times, defendant Growdon acted by and through its agents,
servants and/or employees, including, but not limited to, defendant Oldfield, who in turn
were acting within the course and/or scope of their employment.
4. Defendant St. Thomas Hospital, hereinafter referred to as “St. Thomas,” is
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a corporation organized and existing under the laws of the State of Tennessee for the
purpose of providing hospital care to patients. At all material times, defendant St.
Thomas acted by and through its agents, servants and/or employees, who in turn were
acting within the course and/or scope of their employment.
5. Marissa Creager presented to defendants Oldfield and Growdon and was
followed in their office for obstetrical care during her pregnancy. Her initial pre-natal
examination was in mid-1996.
6. During her pregnancy genetic tests were done on the baby which revealed
no evidence of genetic defects.
7. Marissa Creager was admitted to St. Thomas Hospital on or about March
31, 1997 for induction of labor.
8. The membranes were artificially ruptured and induction started in the
morning hours of March 31, 1997. The induction was done with Pitocin.
9. After the start of the induction an epidural was placed.
10. Sometime in the early afternoon, the fetal monitor revealed a deceleration
associated with a tetanic contraction. At that point the Pitocin was discontinued but was
restarted shortly afterward.
11. Throughout the day, while her labor was augmented with Pitocin, Marissa
Creager’s cervix dilated slower than expected.
12. Sometime in the afternoon of March 31, 1997 the fetal monitor strip
exhibited signs of fetal distress.
13. These signs generally became more significant through the later afternoon
and early evening hours.
14. Repetitive late decelerations developed on the monitor strip, but the nurses
and agents of defendant St. Thomas never informed defendant Oldfield of their presence.
15. Sometime around 8:15 p.m. defendant Oldfield became concerned about
the tracings.
16. Around 8:15 p.m., defendant Oldfield noted that Marissa Creager had a
high station which needed to be advanced before delivery could be accomplished.
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17. Sometime around 8:15 p.m., defendant Oldfield placed a vacuum extractor
on Simon Creager’s head.
18. Defendant Oldfield pulled with the vacuum extractor for approximately
one hour before the infant could be delivered.
19. During the approximate one-hour period that defendant Oldfield was
attempting delivery with the vacuum extractor, the fetal monitor strip revealed severe
fetal distress.
20. Simon Creager’s head was delivered, but he had shoulder dystocia, and his
shoulders could not be immediately delivered. Simon Creager’s umbilical cord was
wrapped tightly around his neck at the time of delivery.
21. It took defendant Oldfield at least 6 minutes to deliver Simon Creager’s
shoulders.
22. Defendant Oldfield performed a fourth degree episiotomy and lacerated
into Marissa Creager’s rectum in order to deliver Simon Creager’s shoulders.
23. Simon Creager was born severely depressed. He had low APGAR
numbers. He was not breathing at the time he was born.
24. Simon Creager required immediate resuscitation by neonatal personnel.
25. Simon Creager suffered severe perinatal asphyxia which occurred toward
the end of his mother’s labor and delivery.
26. Simon Creager suffered severe brain damage as a result of a combination
of perinatal asphyxia and trauma associated with prolonged vacuum attempts.
27. Simon Creager weighed over 9 pounds at birth.
28. Simon Creager has severe permanent brain damage.
29. Simon Creager will require extensive care by medical and other health
care professionals for the rest of his life.
30. With optimal care, Simon Creager has a long life expectancy.
31. Defendants Oldfield and Growdon were negligent and/or deviated from
the recognized standards of acceptable professional practice, such negligence and/or
deviations consisting of, inter alia,
a. Failing to appreciate that Simon Creager was a large baby;
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. Failing to appreciate lack of progress during the labor;
c. Failing to appreciate the significance of signs of fetal distress
occurring during the labor;
d. Failing to perform a cesarean section in a timely manner;
e. Administering and increasing the infusion of Pitocin in the face of
fetal distress;
f. Deciding to perform a vacuum extraction when a cesarean section
was indicated earlier;
g. Performing the vacuum extraction on a baby that was too high;
h. Performing a vacuum extraction for too long a period of time in a
traumatic manner; and
i. Performing a fourth degree episiotomy and injuring Marissa
Creager’s rectum.
32. Defendant St. Thomas Hospital through its agents, servants and/or
employees, was negligent and/or deviated from recognized standards of acceptable
professional practice, such negligence and/or deviations consisting of, inter alia,
a. Failing to appreciate increasing signs of fetal distress;
b. Failing to inform defendant Oldfield of increasing signs of fetal
distress;
c. Increasing the infusion of Pitocin in the face of fetal distress.
33. As a direct and proximate result of the wrongful actions of the defendants,
Simon Creager was subjected to severe perinatal asphyxia and trauma and sustained
severe and permanent brain damage.
34. Simon Creager suffers from great pain of mind and body, large past and
future medical expenses, loss of earning capacity, and loss of enjoyment of life, all to his
detriment.
35. As a direct and proximate result of the negligence of the defendants,
Marissa Creager suffered substantial physical injuries to her perineum and rectum. In
addition, she suffers from significant emotional distress as a result of the traumatic labor
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and delivery. She has incurred past and will incur future medical expenses, pain and
suffering, and loss of enjoyment of life, all to her detriment. In addition, she has suffered
the loss of services of her minor child.
WHEREFORE, Plaintiff Simon Creager prays for compensatory damages from
the defendants, jointly and severally, in a sum to be determined by the jury.
WHEREFORE, Plaintiff Marissa Creager prays for compensatory damages from
the defendants, jointly and severally, in a sum to be determined by the jury..
FURTHER, Plaintiffs pray for a trial by jury.
______________________________
GILREATH & ASSOCIATES
SIDNEY GILREATH
PAUL E. KAUFMAN
550 Main Avenue, Suite 600
P. O. Box 1270
Knoxville, Tennessee 37901-1270
423/637-2442
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