COMPLAINT - American Association for Justice
COMPLAINT - American Association for Justice
COMPLAINT - American Association for Justice
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a corporation organized and existing under the laws of the State of Tennessee <strong>for</strong> the<br />
purpose of providing hospital care to patients. At all material times, defendant St.<br />
Thomas acted by and through its agents, servants and/or employees, who in turn were<br />
acting within the course and/or scope of their employment.<br />
5. Marissa Creager presented to defendants Oldfield and Growdon and was<br />
followed in their office <strong>for</strong> obstetrical care during her pregnancy. Her initial pre-natal<br />
examination was in mid-1996.<br />
6. During her pregnancy genetic tests were done on the baby which revealed<br />
no evidence of genetic defects.<br />
7. Marissa Creager was admitted to St. Thomas Hospital on or about March<br />
31, 1997 <strong>for</strong> induction of labor.<br />
8. The membranes were artificially ruptured and induction started in the<br />
morning hours of March 31, 1997. The induction was done with Pitocin.<br />
9. After the start of the induction an epidural was placed.<br />
10. Sometime in the early afternoon, the fetal monitor revealed a deceleration<br />
associated with a tetanic contraction. At that point the Pitocin was discontinued but was<br />
restarted shortly afterward.<br />
11. Throughout the day, while her labor was augmented with Pitocin, Marissa<br />
Creager’s cervix dilated slower than expected.<br />
12. Sometime in the afternoon of March 31, 1997 the fetal monitor strip<br />
exhibited signs of fetal distress.<br />
13. These signs generally became more significant through the later afternoon<br />
and early evening hours.<br />
14. Repetitive late decelerations developed on the monitor strip, but the nurses<br />
and agents of defendant St. Thomas never in<strong>for</strong>med defendant Oldfield of their presence.<br />
15. Sometime around 8:15 p.m. defendant Oldfield became concerned about<br />
the tracings.<br />
16. Around 8:15 p.m., defendant Oldfield noted that Marissa Creager had a<br />
high station which needed to be advanced be<strong>for</strong>e delivery could be accomplished.<br />
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