Medical Malpractice Results

Failure to administer appropriate antibiotics during labor

Stacey and her husband filed a medical malpractice suit against the United States for the negligence of a government obstetrician who failed to follow the joint guidelines of his chosen specialty, and the guidelines of the United States' Center for Disease Control for the prevention of Group B Strep during delivery. The doctor's failure to administer antibiotics during Stacey's thirteen hour labor as indicated due to her unknown Group B Strep status and preterm labor, caused devastating damages to her son, Dillon. They include irreversible brain damage, lung damage, and other organ damage.

On the morning of November 8, Dr. Sarfraz induced Stacey's labor by medication. At approximately 8:15 a.m. on November 8, Dr. Sarfraz artificially ruptured Stacey's amniotic sac. At approximately 9:45 p.m. on November 8, twenty-seven hours after admission and 13 ½ hours after her membranes were ruptured, Dillon was delivered by vacuum extraction. The approximate gestational age was 35 weeks and three days. Dillon Lane Weldon weighed 6 lbs. 4 oz.

It was immediately obvious that Dillon was in considerable distress. It was further learned that Dillon was afflicted with the Group B Streptococcus (GBS) bacterial infection which has caused significant complications for life.

During the delivery process, no cultures (other than urine) were obtained and no antibiotics were administered to the mother. Beginning in 1986, results of various trials documented the benefits of peri-partum antibiotics for prevention of GBS infection in the newborn. Although the American College of Obstetrics and Gynecology (ACOG) and the American Academy of Pediatrics (AAP) and the Centers for Disease Control and Prevention (CDC) provided interim guidelines, in 1996 the three authoritative groups published uniform recommendations for peri-partum prophylaxis to prevent neonatal GBS infection. Two pathways were designated: culture of the maternal genital tract between 35-37 weeks and prophylactic treatment of women identified to have GBS; or, if cultures were not obtained, to use risk factors of premature birth (<37 week gestation); prolonged rupture of fetal membranes (>18 hours) or evidence of infection in the mother (including fever or signs of endometritis) as the criteria for prophylactic antibiotics. Since Stacey's labor was induced during the 35^th week and therefore premature, prophylactic antibiotics during labor were indicated for the prevention of GBS.

Because the decision to induce labor was made on November 7 at 16:50 and membranes were ruptured 13 ½ hour prior to delivery at 21:47 on November 8, there was ample time for 2 or more doses of appropriate antibiotic to be administered by Dr. Sarfraz to the mother to prevent GBS infection in an infant born at 35 weeks gestation.

If the mother had received two or more doses of ampicillin or penicillin, it is more likely than not that the GBS infection would have been prevented and the baby would not have suffered the complications of GBS invasive disease. The failure of Dr. Sarfraz to administer the appropriate antibiotic during labor was medical malpractice. The injuries sustained by Dillon consist of permanent, irreversible and irreparable brain damage and the neurologic sequella, i.e. deficits and disorders, of such brain damage. Dillon has been diagnosed with Group B Strep Infection; Grade III intraventricular bleed with shunt; GBS pneumonia; GBS sepsis; persistent pulmonary hypertension; developmental delays.

Result: The parties reached a structured settlement following a pre-trial conference with the Court for $4,000,000.00 (Present Value).

Comments:

The case was subject to Louisiana's Medical Malpractice Act cap of $500,000.00 on general damages and loss of earnings damages. Consequently, Dillon was primarily compensated for past and future medical and attendant care, with his lifetime pain, suffering and earnings damages capped at $500,000. The case was litigated in Federal Court due the health care provider being deemed as an agent for the U.S. Department of Health Services.

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Lake Charles, LA 70601
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