Newborn ‘suffered' from vacuum-assisted delivery and dies day later, TX suit says

Miami Herald

16-06-2025

An infant 'fought a losing battle' in his one day of life before dying of injuries from the doctor's attempted delivery method, according to a Texas lawsuit.
The family is suing the doctor, the unnamed nurses, Kessler Women's Healthcare and the Methodist Dallas Medical Center, saying the medical team was negligent in its failed attempts to deliver a baby boy vaginally via vacuum-assisted delivery in April 2024.
The lawsuit, filed May 29 in the Judicial District Court of Dallas County, says the boy died of internal brain bleeding from the delivery method but may have lived if the doctor had performed a Cesarean section earlier.
Methodist Health System told McClatchy News it has a 'longstanding policy of not commenting on pending litigation.' Kessler Women's Healthcare did not immediately respond to McClatchy News' request for comment June 13.
The obstetrician/gynecologist told The Dallas Morning News in an email that she couldn't comment on specific patients but wrote, 'I will simply say that I am committed to providing the highest quality medical care possible to my patients.'
The labor and delivery
The couple, both teachers, were anticipating the birth of their son, Prime, when the 32-year-old mom's water broke and they headed to the hospital on April 4, 2024, according to the lawsuit.
The doctor the family had been seeing wasn't the one to deliver the baby, according to the filing.
Issues quickly arose. The baby's heart rate was abnormal, the mom was diagnosed with preeclampsia, and she contracted a 102.9 degree fever during labor, the filing says. The lawsuit says these risk factors, including the baby's large head size and weight, meant the mother would likely have to receive a Cesarean section.
The doctor on call that day decided to try vacuum-assisted delivery for a vaginal birth, which involves using a suction-cup device that attaches to the baby's head to encourage the child to descend down the birth canal, according to the lawsuit.
The doctor tried four times, but the suction cup popped off twice, the family said.
The father 'recounted the very 'loud sound' produced by the pop-offs and noted that the force was so significant that it caused (the doctor) to push the chair backwards in the delivery room, suggesting that (she) exerted considerable force during the pulls,' the lawsuit says.
After the failed attempts, the doctor resorted to performing a C-section, and the baby was born on April 5, 2024, according to the family.
But the troubles persisted, as the baby entered the world already suffering from major injuries, including a brain bleed that led to a bruised and swollen head, the filing says.
He was rushed to the neonatal intensive care unit.
The mom said she when she saw what her son's neck looked like, 'she wanted to burst into tears,' the filing says.
The baby 'suffered' for 24 hours before he died, the family said. The lawsuit described that one day as a 'short life and prolonged death.'
Legal action
The lawsuit says the OB-GYN told the family their baby died from an E. coli infection he caught during labor, but a doctor who conducted the autopsy said the real cause of death was brain hemorrhages from failed vacuum-assisted delivery.
'Permanently wounded, the couple for days, weeks and months have broken down and cried, often uncontrollably,' the lawsuit says. 'Prime's loss has haunted them with nightmares, sleeplessness and intrusive thoughts. Daily life was permanently altered for both, though, they will try to move forward.'
According to another doctor conducting an independent review, the baby may have been born 'healthy and whole' if the medical team had performed a C-section earlier.
The lawsuit faults the doctor and the nursing staff for not recognizing the baby's distress during labor and taking appropriate steps sooner.
'It is my opinion, the nurses of Methodist Dallas Medical Center deviated from the standards of care in several critical areas,' another nurse wrote in her review. 'Firstly, they failed to advocate for (the mom) and her baby when recognizing the ongoing fetal intolerance of labor, as evidenced by their lack of action to advocate for an expedited delivery during the prolonged labor.'
The family also said the doctor never counseled them of the risks of vacuum-assisted delivery.
Though the family's attorneys accuse the obstetrician of a pattern of malpractice with other patients, records from the Texas Medical Board show she had no history of malpractice or disciplinary investigations.
The couple is seeking damages, citing negligence, lack of informed consent and their son's wrongful death.