A Connecticut baby born prematurely faces the inability “to lead a normal life” and will require “special care and supervision for the rest of her life,” her mother claims.
The baby’s conditions are contained in a lawsuit that makes claims about alleged negligence in care and what occurred leading up to the baby’s birth at 24 weeks and four days gestation, described as “extremely prematurely.” The Courant is not naming the New Britain plaintiff in order to protect the privacy of the child.
The suit was filed against The Hospital of Central Connecticut, Hartford Healthcare Corp., Dr. Carter Johnson, and Dr. Kirsten Kibler.
The suit claims that, in 2022, the woman was pregnant with her second child at what is considered “the advanced maternal age of 39,” and as a result of “her advanced maternal age and past history of premature labor, medical abortion and miscarriage, her pregnancy was considered high-risk.”
The suit says the woman was seen on May 1, 2022, at the Hospital of Central Connecticut for her high-risk pregnancy. It named Johnson as the resident physician and Kibler as attending physician for the “high-risk pregnancy” and said that she was treated by both on that day.
Prior to that day, the woman had bi-weekly routine visits with her obstetrician, Dr. Christina Acocella, M.D. and ultrasound imaging showed a healthy fetus, the suit says.
The suit claims that, on March 10, 2022, at 16 weeks pregnant, the woman experienced sharp pain in her lower abdomen and went to the emergency department of the Hospital of Central Connecticut where she was evaluated and that an ultrasound of her fetus was normal. The woman was discharged and told to return for vaginal bleeding, leakage of fluids or pain, “especially pain” that was cramping.
On May 1, 2022, at 24 weeks pregnant, the woman experienced a “heavy vaginal discharge of clear liquid followed by painful cramping and/or contractions that were occurring approximately every 20 minutes” and went to the labor and delivery department of the hospital to be evaluated. The suit says Johnson evaluated the woman and “found that there was no pooling of amniotic fluid in the vaginal vault,” that the vaginal discharge did not contain amniotic fluid, noted that she did not appear to be having contractions and concluded that she was not in preterm labor.
“Johnson ordered a fetal nonstress test. The result of the fetal nonstress test was normal for gestational age, as indicated by the fetal heart rate and reaction to movement,” and he ordered a “urinalysis dipstick and a pregnancy ultrasound,” the suit says. Before the ultrasound was conducted or the results of the urinalysis dipstick were received, Dr. Johnson “decided to discharge” the woman, it says. The suit claims the ultrasound was not done.
Kibler allegedly reviewed Johnson’s care and treatment of the woman and “agreed with his assessment and plan to discharge her,” the suit claims. The results of the woman’s urinalysis later “came back abnormal,” it says.
The woman returned to the hospital on May 3, 2022, for worsening abdominal pain in her lower abdomen and an examination revealed a “pooling of yellow watery foul-smelling discharge in the vaginal vault,” with her also showing an elevated heart rate and an “elevated white blood cell count,” the suit claims.
The woman “was in preterm labor at only 24 weeks and four days pregnant. She was admitted to labor and delivery and immediately taken to the delivery room,” the suit says. Her “pregnancy was complicated by acute chorioamnionitis, an infection of the membranes surrounding the fetus and the amniotic fluid, and acute funisitis, inflammation of the umbilical cord due to bacterial infection. The artificial rupture of membranes was required.”
The baby was then “delivered extremely prematurely by natural spontaneous vaginal delivery” on May 3, 2022, according to the suit.
The suit claims the care the woman received was negligent, including in that the woman allegedly was not admitted to the hospital based on her medical history “and/or medical condition,” and was at high risk for pre-term labor and prior premature delivery, among other things.
It also alleges negligence “was a substantial factor” in causing the baby “to suffer extremely premature birth, patent ductus arteriosus, pulmonary edema and intraventricular hemorrhage at the time of her birth.” As a result, the baby “sustained permanent mental, neurologic and physical handicaps including motor deficits and loss of intelligence,” it claims.
The baby “has suffered and will continue to suffer physical and mental pain and anguish, will be unable to lead a normal life and will require special care and supervision for the rest of her life,” the suit claims.
The lawsuit was filed by Silver, Golub & Teitell, LLP.
“We intend to get justice for (the baby) for the enormous suffering caused by the negligence of the medical providers, which is likely to affect her for the rest of her life,” Joaquin Madry, a partner at Silver Golub & Teitell, said.
Emails seeking comment were sent to Hartford Healthcare and Stockman O’Connor PPLC, which represents Johnson.
“The safety and well-being of our patients is the highest priority at the Hospital of Central Connecticut,” Hartford Healthcare’s Tina Varona said. “Our hearts go out to the patient and their family. We cannot comment on pending litigation.”
M. Karen Noble, a partner with GFeller Laurie, LLP, who represents Kibler, said, “We empathize with (the plaintiff and child), as they face (the baby’s) claimed medical challenges.
“With cases such as this, we are unable to discuss specific patient medical information due to privacy concerns, and therefore, we are unable to comment further at this time,” Noble said. “We do expect, however, that the issues raised in the complaint will be addressed during litigation.”
