San Diego judge upholds $16 million baby death verdict

JusticeNewsFlash.com–San Diego Superior Court Judge Steven R. Denton signed a $16 million jury verdict judgment last Wednesday, January 7, 2009. The San Diego Union Tribune reported the Bailey family sued Sharp Mary Birch Hospital for Women and two of its doctors for gross negligence, leading to the wrongful death of their baby. The trial began in October 2008 and lasted 9 weeks, with jury deliberating for one day before they returned a $16 million verdict in favor of the Bailey family.

According to court documents, Teresa Bailey, 35, from Escondido, California, was admitted to Sharp Mary Birch Hospital on November 29, 2004. Bailey was having a problem with the amniotic fluid which supplies oxygen and nutrients to the baby. She underwent an induction of labor to deliver her baby safely and avoid loss of oxygen to her unborn child. Mr. And Mrs. Bailey claimed they rarely saw either one of the two doctors assigned to deliver their baby. Their son died during delivery because he became stuck in the birth canal. His umbilical cord wrapped around his neck and the hospital doctors and staff failed to deliver the child. To compound the devastating events of their child’s death, the hospital falsified the death certificate, essentially lying to cover up their malpractice.

The hospital told the Bailey’s their unborn son died of lung disease when in fact, he died from anoxia which is simply lack of oxygen. The Bailey’s went to the hospital to induce delivery of their son, so he would not die from lack of oxygen. Had the mom and baby been monitored and cared for, according to basic national standards, their son most likely would be alive and well today. When hospitals and doctors make errors causing a babies death, the damages and injuries are catastrophic. To then blatantly lie to the grieving parents and not take responsibility for their negligent acts is unconscionable.

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About the Author Justice Seeker

Heather L. Ryan, R.N., C.L.N.C- Heather Ryan is a Certified Legal Nurse Consultant with 15 years of experience in the health care industry. Her expertise in reviewing medical records and assisting lawyers with the determination as to whether legal action should be taken provides an invaluable asset to the newsroom. Medical-malpractice, products liability, personal injury and workers’ compensation are some of the recent areas of litigation Ms. Ryan has focused her efforts on. A member of the Florida Justice Association, Heather maintains a long list of certifications and credentials to support her areas of expertise and stays up-to-date with her clinical knowledge working as an emergency room/trauma nurse, at a Level 1, Adult/Pediatric trauma and teaching institution in South Florida.