Birth Injury Litigation

Pennsylvania - New Jersey - New York - Nationwide

(The lawsuit was filed by Tom Kline and Amy Guth.)

By CHRIS KREPICH
Press Enterprise Writer MAHONING TWP
March 2, 2011

Pair blames baby's ills on GMC

MAHONING TWP. — A Catawissa couple alleges that Geisinger doctors and nurses failed to properly treat their unborn child, who suffered seizures as soon as she was born and wound up with brain damage.

A lawsuit by Tanya and Adam McHale, 614 Mill St., says a lack of oxygen caused baby Peyton's brain damage, and tests showed a "catastrophic event" happened at least one or two days before the unscheduled delivery.

In fact, staff did find an abnormal fetal heart rate two days before delivery, and Mrs. McHale also noticed decreased movement and was having contractions, the suit says.

But after some treatment, Mrs. McHale was sent home, according to the parents' lawyer.

The staff's "carelessness and negligence" increased the risk of or contributed to the baby's problems, the couple claims.

The suit names Geisinger Medical Center, Geisinger Clinic and Geisinger Health System as defendants, as well as doctors Paul J. Swanson, Ashlee L. Smith and Vladimir M. Leibovsky. Also, these nurses are named: Olivia D. Ott, Ashley D. McHale, Caitlin T. Cresswell and Amy Stehr.
Geisinger can't talk specifically about the case due to federal regulations. But a spokeswoman said, "We stand behind the care we provide and will defend the case."

Sent home According to the suit:

Mrs. McHale, who was pregnant for the first time, had her first prenatal appointment at Geisinger in August 2008.

Everything appeared to be fine at a Dec. 15, 2008, appointment, and Mrs. McHale returned to Geisinger Clinic on Feb. 9, 2009, due to abdominal cramps and back pain.

Tests showed no problems, and she was sent home.

On April 8, 2009, Mrs. McHale was examined due to complaints of discharge, cramps and a headache.

Again, everything appeared to be normal and she was sent home.

On April 14, Mrs. McHale told nurses she noticed decreased fetal movement over the last few days, and she was having contractions that were getting stronger and closer together.

Testing showed the fetus had an elevated heart rate that was also decelerating at times.

Mrs. McHale was treated with oxygen and IV fluids and put on her side.

No ultrasound or other tests for fetal well-being were completed. And Mrs. McHale was taken off the fetal monitor and sent home, despite the heart-rate abnormalities.

Rare disorder

McHale's estimated due date was May 2.

But on April 17, a cesarean section was performed due to a rapid fetal heart rate and contractions.

Then, on April 30, the baby was diagnosed with a brain injury caused by a lack of oxygen.

And on Oct. 5, 2009, the girl was diagnosed with developmental delays, significant neuromotor dysfunction likely consistent with cerebral palsy, suspected visual impairment, a seizure disorder, and microcephaly, a rare condition in which an infant's head is significantly smaller than normal.
The suit seeks more than $25,000.

The McHales did not respond to a message seeking comment.