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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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