COMPLAINT - American Association for Justice
COMPLAINT - American Association for Justice
COMPLAINT - American Association for Justice
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. Failing to appreciate lack of progress during the labor;<br />
c. Failing to appreciate the significance of signs of fetal distress<br />
occurring during the labor;<br />
d. Failing to per<strong>for</strong>m a cesarean section in a timely manner;<br />
e. Administering and increasing the infusion of Pitocin in the face of<br />
fetal distress;<br />
f. Deciding to per<strong>for</strong>m a vacuum extraction when a cesarean section<br />
was indicated earlier;<br />
g. Per<strong>for</strong>ming the vacuum extraction on a baby that was too high;<br />
h. Per<strong>for</strong>ming a vacuum extraction <strong>for</strong> too long a period of time in a<br />
traumatic manner; and<br />
i. Per<strong>for</strong>ming a fourth degree episiotomy and injuring Marissa<br />
Creager’s rectum.<br />
32. Defendant St. Thomas Hospital through its agents, servants and/or<br />
employees, was negligent and/or deviated from recognized standards of acceptable<br />
professional practice, such negligence and/or deviations consisting of, inter alia,<br />
a. Failing to appreciate increasing signs of fetal distress;<br />
b. Failing to in<strong>for</strong>m defendant Oldfield of increasing signs of fetal<br />
distress;<br />
c. Increasing the infusion of Pitocin in the face of fetal distress.<br />
33. As a direct and proximate result of the wrongful actions of the defendants,<br />
Simon Creager was subjected to severe perinatal asphyxia and trauma and sustained<br />
severe and permanent brain damage.<br />
34. Simon Creager suffers from great pain of mind and body, large past and<br />
future medical expenses, loss of earning capacity, and loss of enjoyment of life, all to his<br />
detriment.<br />
35. As a direct and proximate result of the negligence of the defendants,<br />
Marissa Creager suffered substantial physical injuries to her perineum and rectum. In<br />
addition, she suffers from significant emotional distress as a result of the traumatic labor<br />
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