Louisville jury to decide case of baby decapitated during birth

[IWannaKnow]

I have a couple of questions about how this happened. One article says the mother said the baby came out breech (feet first) and was in the birth canal when she was pulling the nurses bell (said she felt him kick ). OK, how did the shoulders make it past the cervix but the head could not? If the baby presented normally, head down, the doctor would have needed forceps to do what happened. This really doesn't make alot of sense to me, but it seems to have happened before. Just so you understand what cervical cerclage is, this blog has good illustrations.

http://alifelonglove.blogspot.com/2011/01/bye-bye-twisty-tie.html

It is a string about the width of a shoe lace that is sewn into the cervix. It doesn't just wind around it. It has to be cut and removed. If the baby's shoulders made it past (string in or out either way) why wouldn't the head go? Was the baby actually breech?

 

[badhorsie]

I hate this compensation culture. What is the point of being financially compensated.
My baby boy died and I could have sued, I was approached by social worker encouraging me to do so, but it wouldn't have brought my baby back. The medics were all upset at what happened, some were crying but if I got money from that situation it wouldn't seem right.
But that is just me

 

[AnaTeresa]

There is a difference between civil suits and criminal cases. Suing someone civilly does not make their actions a crime. They are two separate sections of our judicial system.

 

[not_my_kids]

First, let me start by saying that the mother has lived through a horrible thing, a terrible tragedy, and I hope that she is able to carry on with her life. However, I have some issues with her story, too. Babies slow down right before they are born, and even at 21-24 weeks, that's some pretty tight quarters. I've never felt any of the five kids I've delivered so much as wiggle during delivery, let alone kick. I'm just not buying that part.

I'm also wondering if an autopsy was done, as that would answer a lot of questions. And in this case, technically, it wouldn't be up to the mother. If the fetus were not old enough to be viable, an autopsy might not be done even if she asked for it. If the fetus were deemed to have been viable, then an autopsy might be mandatory and out of her control, as this would fall in the category of questionable death with a physician present. If there was no autopsy done, then likely the fetus was deemed unviable through looking at ultrasounds and estimated date of conception.

I also know that 21-24 week fetuses can survive, my neighber had her son at 24 weeks and he is 3 1/2 months now, and doing fine. But, in this case, with the other inconsistencies in her story, as to how much she saw and her claim that she felt the baby kick (highly unlikely with the pressure and everything else associated with birth, even a very early one) I just have a hard time believing her as to how much she may have seen and what the lasting effects are on her.

 

[AmandaBrown23]

Ok guys I work in labor and delivery and breech births are extremely difficult especially a vaginal breech birth of a premature baby. The head normally does become stuck because once the body is out the uterus clamps down on the head. It is a horrible situation but that is why the do not recommend vaginal delivery of breech babies and they do c-sections. Even during the c-sections the head gets stuck. I have seen some pretty bad things and I guarantee you the staff that saw this is traumatized as well, not that I am in any way saying that they are more affected than the mother. This is just horrible.

 

[elfie]

Ok guys I work in labor and delivery and breech births are extremely difficult especially a vaginal breech birth of a premature baby. The head normally does become stuck because once the body is out the uterus clamps down on the head. It is a horrible situation but that is why the do not recommend vaginal delivery of breech babies and they do c-sections. Even during the c-sections the head gets stuck. I have seen some pretty bad things and I guarantee you the staff that saw this is traumatized as well, not that I am in any way saying that they are more affected than the mother. This is just horrible.

So horrible! Why wasn't she put under and given an emergency C-section? I really feel for her. I hope she can get some therapy to help her deal with PTSD.

My sister works with returning vets and she is thrilled with a new type of aural therapy that really seems to help reprogram the brain.

 

[Allusonz]

This is terribly tragic for not just the parents but doctors and staff. I will need to read up on this a bit more

 

[Quiche]

I don't care about the money, but I think there should have been some punitive damages as well. She has not been vindicated, and they did a number of things wrong that compounded the horror of the crisis-- she SAW it happen fgs!

May her heart and psyche heal enough to be a great mom for her other children.

 

[Misfitdolly]

I don't fault anyone for suturing the head back on so she could hold her baby. When a person loses a baby the doctors and nurses, in my experience, encourage the family to hold the baby and spend a good amount of time with the baby because even if it doesn't feel like something you want to do it really helps with the healing process. After the fact, those who decline to hold the baby are regretful that they didn't the majority of the time.

 

[Kimberlyd125]

I don't care about the money, but I think there should have been some punitive damages as well. She has not been vindicated, and they did a number of things wrong that compounded the horror of the crisis-- she SAW it happen fgs!

May her heart and psyche heal enough to be a great mom for her other children.

I totally agree!

 

[CuriousHousewife]

The way she is talking about seeing feet first or baby kicking feet first, it sounds like baby was breech, which would have been clear before its descent through the cervix, even at 24 weeks (or 21). I work in L&D and unless a mother was sitting completely up, she wouldn't have seen the actual event occur, although she might have seen the baby after the birth if someone was holding it.

 

[Kimberlyd125]

The reports said she saw it in the mirror.

 

[sc2714]

This is one of the most horrific things I have ever heard. I can't imagine.

I live in Louisville and saw Dr. Bilotta among others at the practice during my first pregnancy in 2006, right after this happened. Of course at the time I had no idea about it. Dr. Bilotta was always very kind and professional.

 

[kgeaux]

The way she is talking about seeing feet first or baby kicking feet first, it sounds like baby was breech, which would have been clear before its descent through the cervix, even at 24 weeks (or 21). I work in L&D and unless a mother was sitting completely up, she wouldn't have seen the actual event occur, although she might have seen the baby after the birth if someone was holding it.

I don't know about this mother, but I saw my babies come into this world because the delivery staff had placed a "strategic" mirror. I knew my first son had red hair as soon as his lil head crowned.....

 

[Kimberlyd125]

I don't know about this mother, but I saw my babies come into this world because the delivery staff had placed a "strategic" mirror. I knew my first son had red hair as soon as his lil head crowned.....

Yes. The reports say she saw the whole thing in the mirror.

 

[kgeaux]

Jury awards nearly $1.4 million to mother in baby decapitation case

Under the verdict, reached after about five hours of deliberation, the two doctors involved must pay the mother, Micheatria Donelson, the $1.4 million for pain and suffering.

The hospital and the nurses involved in the case were not held liable, and the jury declined to award punitive damages.

http://www.courier-journal.com/arti...capitation-case?odyssey=tab|topnews|text|News

This case really has me thinking alot.....I cannot imagine what the mother went through, and I can't imagine what the staff went through. Can you imagine having to suture a head onto a tiny little one? I would that both would bring nightmares for the rest of my life.

As much as I acknowledge the horror, this verdict has me scratching my head. If the doctors and nurses are not liable---aren't held as legally responsible for the decapitation of this child, then WHY is Mom rewarded punitive moneys? How do you punish someone who isn't held responsible?

 

[animlzrule]

I don't care about the money, but I think there should have been some punitive damages as well. She has not been vindicated, and they did a number of things wrong that compounded the horror of the crisis-- she SAW it happen fgs!

May her heart and psyche heal enough to be a great mom for her other children.

BBM

I think that is the whole point of the money that was rewarded. It was not proven that anyone did anything wrong. This was a tragic incident that could not have been foreseen. From the sounds of it, the hospital personnel did everything they could to mitigate the horror. The fact that she may or may not have been able to see everything because a mirror was in the room is not something that anyone should be held liable for. Show me a hospital room that doesn't have a mirror... But as I said in an earlier post, had I been on the jury I don't think I could have tolerated not awarding anything, even though from the information available publicly, I see no proof of negligence or lack of care/concern in the manner with which the hospital staff tried to assist the mother in the aftermath. Or during the labor itself. And they obviously couldn't pin anything on the physicians either. It's probably only because of the kindness, compassion and empathy of the jurors that any money was awarded at all.

 

[AmandaBrown23]

So horrible! Why wasn't she put under and given an emergency C-section? I really feel for her. I hope she can get some therapy to help her deal with PTSD.

My sister works with returning vets and she is thrilled with a new type of aural therapy that really seems to help reprogram the brain.

I think that they were probably trying to hold off her giving birth but if the mother felt the legs come out and made the call to the nurse it was too late by then to do an emergency c-section. It would be way more dangerous to try and push the baby back in.

 

[Kimberlyd125]

BBM

I think that is the whole point of the money that was rewarded. It was not proven that anyone did anything wrong. This was a tragic incident that could not have been foreseen. From the sounds of it, the hospital personnel did everything they could to mitigate the horror. The fact that she may or may not have been able to see everything because a mirror was in the room is not something that anyone should be held liable for. Show me a hospital room that doesn't have a mirror... But as I said in an earlier post, had I been on the jury I don't think I could have tolerated not awarding anything, even though from the information available publicly, I see no proof of negligence or lack of care/concern in the manner with which the hospital staff tried to assist the mother in the aftermath. Or during the labor itself. And they obviously couldn't pin anything on the physicians either. It's probably only because of the kindness, compassion and empathy of the jurors that any money was awarded at all.

Mirrors that are positioned so the mother can see the birth are movable. It's not like she saw the birth in some random wall mirror.
It would have taken 1 second for someone to turn the darn mirror.

 

[Quiche]

Yeah, the mirror was positioned so she could see-- knock it out of the way, imo. Plus, I believe she buzzed the nurses repeatedly, was ignored, and THEN she felt the baby's legs were out.

I don't like to point right at the nurses, but my mother nearly died from being ignore post-op, every nurse on that floor was fired. My step-mother actually DID die from her buzzer being ignored in the hospital. It counts, and it needs to stop.

There should have been some punitive damages. mo