A St. Louis County Jury recently awarded a family Missouri’s highest ever medical malpractice award. The $48.1 million award included $28.1 million in compensation for the family and $20 million in punitive damages. The case was against Mercy Hospital, Mercy Clinic, and Dr. Daniel McNeive for negligence leading to a baby’s significant brain damage.
Distressed Delivery After More than 12 Hours
Sarah Anyan arrived at Mercy Hospital in St. Louis very early in the morning on May 3, 2020, ready for labor. Dr. McNeive checked on her after four hours of pushing and told her to continue.
This was in spite of two concerning factors: four hours of pushing is considered prolonged labor and risky for complications and, at the time, fetal heart rate monitoring showed the baby was at risk of being deprived of oxygen.
The doctor then failed to check on Sarah for another six hours, during which time no nurses contacted a physician for help. At 2:00, after 10 hours of pushing, Dr. McNeive still told her to continue. The baby was finally delivered in distress after 4:00. Sarah had been pushing for over 12 hours.
Complicated Labor Leads to Brain Damage, Disabilities
The baby soon showed signs of a brain injury, hypoxic ischemic encephalopathy, caused by reduced blood flow and lack of oxygen. Hours later, the baby began experiencing seizures. He stayed in the NICU for 46 days and suffered permanent and significant brain damage.
The baby now lives with cerebral palsy. His mother Sarah is his full-time caregiver and is unable to return to her previous job as a cardiac nurse. He will need ongoing treatments, therapy, and care.
Record Damages Hold Doctor, Hospital Accountable
The Anyans and their legal team spent four years getting the legal result they needed. They were able to successfully show a jury that Dr. McNeive was negligent and that his actions and inactions led to the baby’s brain damage and serious disabilities.
During the trial, they showed that Dr. McNeive should have delivered the baby by C-section hours before he was delivered. They showed that the doctor never recorded any information in Sarah’s chart, never suggested or recommended a C-section, and never explained any risks or concerns to the Anyans.
The jury awarded record damages, including $20 million that will help the Anyans care for their child and provide him with needed treatments. The damages also help compensate for the fact that Sarah cannot work or earn an income while caring for her child. The punitive damages were awarded to hold the hospital and doctor accountable and to help prevent such damaging negligence in the future.
If your child suffered a birth injury resulting in permanent disabilities, you could have a case for medical malpractice. Contact a birth injury lawyer to learn more about what to do next.
