R. v. Trinity Hospital
This case involved a pregnant mother who presented to Trinity Hospital shortly after midnight on January 1, 1995, with an elevated systolic blood pressure, edema and protein in her urine. The nurses as well as the physician, Dr. Everett A. White, failed to diagnose preeclampsia according to plaintiffs’ experts. At the time of her presentation to Trinity, the plaintiff’s mother was 37 weeks pregnant and in labor. She labored from approximately midnight on
January 1st until 12:45 p.m. when she had an eclamptic seizure. Her child, R., was delivered at 1:19 p.m. with very low APGARS and a cord blood gas indicating she suffered from hypoxia and ischemia. She remained depressed for approximately thirty-six more minutes due to the failure to adequately resuscitate her. As a result, R. sustained brain damage and is currently institutionalized.
The defendants denied that they were negligent, denied that R.’s mother was preeclamptic and instead have suggested she suffered a seizure as a result of an enterovirus which they claimed was found in the placenta. The defense alleged this enterovirus attacks newborns and, in fact, was responsible for aseptic meningitis evidenced by elevated white blood cell count in the cerebral spinal fluid of R. as well as abnormalities in the placenta. It was the defendants’ position that this enterovirus was the sole proximate cause of R.’s problem and was untreatable.