ST. LOUIS, Mo. — A record-setting medical malpractice verdict of over $48 million was directed to a family whose child suffered severe brain damage during childbirth at a St. Louis County hospital. The St. Louis County Circuit Court concluded this month that medical oversight and delays significantly altered the life of a newborn, highlighting systemic flaws within pre-natal and delivery care systems.
On May 4, 2020, a child identified as R.A. was born to Sarah Anyan, a cardiac nurse at Mercy Hospital, and her husband Blake, a former respiratory therapist there. Despite an uncomplicated pregnancy, R.A.’s prolonged birth led to cerebral palsy due to severe asphyxiation believed to have been preventable.
After more than 12 hours of labor, primarily spent in the critical “pushing” phase, R.A. was born with undeniable signs of distress. He was immediately beset with seizures and required extensive neonatal intensive care, remaining hospitalized for 46 days following his birth. The child now suffers from permanent brain injuries demanding ongoing intensive care, a responsibility that has led his mother to cease working to provide her son with full-time attention.
The three-week-long jury trial, presided over by Judge Ellen Ribaudo, culminated in a four-hour deliberation before delivering its verdict. The jury awarded $28.1 million in compensatory damages and an additional $20 million in punitive damages, marking the state’s largest-ever medical malpractice verdict in a birth injury case.
Attorneys Amy C. Gunn, Erica Slater from Gunn | Slater, and Elizabeth S. Lenivy from Simon Law led the plaintiff’s legal team, which demonstrated that a more immediate decision for a cesarean section around 9:30 a.m. could potentially have averted the tragedy. Despite the signs of fetal distress noted by Dr. Daniel McNeive, such action was unfortunately not taken in a timely manner. It was revealed during the trial that McNeive had failed to sufficiently update medical records or adequately inform the parents of the escalating risks during labor. The three defendant-representing attorneys Mandy Kamykowski, Erin Pfirrman, Phillip Willman, and David Perron could not be reached for comments post-verdict.
Both plaintiff and defendant teams included experts in fields ranging from maternal fetal medicine to pediatric neurology, who provided contrasting interpretations of the medical events and their manageability.
Amy C. Gunn expressed relief and pride regarding the verdict, emphasizing its implications not just in financial terms but as a precedent for accountability. “We want to ensure such oversights are not merely swept under the rug but are used to better the system,” Gunn stated.
Mercy Hospital, the defendant in this case, shared through a spokesperson that it is considering all available options, including an appeal, while its thoughts continue to rest with R.A. and his ongoing recovery.
This incident has spurred discussions on medical practices, provider policies, and the critical necessity for timely intervention during childbirth, raising questions on patient safety and provider accountability.
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