A Southington woman claims in a lawsuit that the poor care she was given during her pregnancy ended in her having to undergo a third-term abortion and to carry her fetus until it could be stillborn.
The woman and her husband, whom the Courant are not naming to protect their privacy, are suing Dr. Kirsten Kibler for medical malpractice and negligent infliction of emotional distress.
She is an OB-GYN with New Britain Obstetrical and Gynecological Group, part of Women’s Health Connecticut. Both practices are also being sued for medical malpractice and negligent infliction of emotional distress. The suit was filed April 30 in Superior Court in Hartford.
The woman tested positive for pregnancy on Aug. 24, 2021, according to the lawsuit. She was seen several times thereafter “for routine prenatal care,” during which she weighed between 197 and 201 pounds, the suit states.
On Dec. 21, at 21 weeks, Kibler “performed an ultrasound known as an ‘anatomy scan’ to detect fetal abnormalities,” according to the complaint. It found the baby was a male and that its head was “within normal limits.”
On Jan. 20, the woman went to the Hospital of Central Connecticut because of “decreased fetal movements,” the suit states. On Jan. 25, Kibler noted “rare FHT (fetal heart tracing) skipped beat, suspect PACs” (premature atrial contractions), the suit states. A follow-up was scheduled for three weeks later.
On Feb. 15, no abnormalities were found during an ultrasound but the woman, who weighed 200 pounds, was found to have “impaired glucose tolerance,” according to the suit.
The woman then decided to switch practices because she felt frustrated that her appointments were rushed and that Kibler was “never on time for the appointments,” the suit claims.
She began being seen by Dr. Jeffery Mihalek of Starling Physicians, who referred her to Maternal Fetal Medicine at the Hospital of Central Connecticut “due to a concern for fetal growth restriction on an office ultrasound,” the suit states.
There, she was seen Feb. 25 by Dr. Jennifer Hill. She was 30 weeks and six days pregnant, according to the suit.
According to the complaint: “The ultrasound performed indicated that baby … had multiple abnormalities and severe fetal growth restriction. The ultrasound indicated that baby’s size was ‘less than the 3rd percentile and measuring 4 weeks behind her (expected birth date).’ ‘The head measurements were 5 weeks behind.’ ‘The CSP was absent.’”
The CSP is the cavum septi pellucidi, “a small but important structure in the fetal brain,” according to the American Journal of Obstetrics and Gynecology. “The CSP is a midline fluid-filled structure close to but distinct from the ventricular system.”
Hill “counseled (the woman) on termination given the significant ultrasound findings,” the suit states. An ultrasound was scheduled for two weeks later to confirm the findings.
On March 4, at 31 weeks, six days pregnant, an ultrasound found the fetus had “severe FGR (fetal growth restriction) with some skeletal abnormalities,” the suit states. Another ultrasound a week later confirmed the findings.
Marisa Bellair of Lynch, Traub, Keefe & Errante of New Haven, one of the plaintiff’s attorneys, said fetal growth restriction is “where a fetus does not grow to its expected size and weight during pregnancy.”
The lawsuit claims that “Given the delayed diagnosis of fetal growth restriction and other abnormalities, (the woman) was outside of Connecticut’s 24-week abortion deadline,” so she and her husband traveled to Washington, D.C., where she had the procedure performed on March 14.
“She and her husband … listened to baby’s … heartbeat fade away,” the suit states. “On March 14, 2022, (the woman) traveled back to Connecticut from Washington, D.C. still carrying her aborted baby.”
The baby was delivered stillborn March 16 at 33 weeks, four days “with multiple abnormalities,” the suit states.
The complaint alleges that Kibler “was professionally negligent and deviated from the applicable standards of care during her physician-patient relationship” with the woman in that she:
—Failed to identify early onset symmetric fetal growth restriction and multiple skeletal abnormalities during the 21-week ultrasound.
—Failed to refer the woman to a maternal fetal medicine specialist.
—Failed to recognize the absence of the cavum septum pellucidum.
An email requesting comment was sent to Edward Mayer Jr. of Gfeller Laurie attorneys of West Hartford, who is representing the defendants.
Ed Stannard can be reached at estannard@courant.com.
