Tesha McKinney, Stephen Williams v. Donovan P. Shively
Published: Oct. 1, 2002 | Result Date: Apr. 29, 2002 | Filing Date: Jan. 1, 1900 |Case number: FCS013930 Verdict – $0
Judge
Court
Solano Superior
Attorneys
Plaintiff
Thomas E. Donahue
(Donahue & Horrow LLP)
Defendant
Experts
Plaintiff
James Tappen
(medical)
Defendant
Thomas M. Goodwin
(medical)
Mindy Goldman
(medical)
Facts
The plaintiff, who was pregnant, sought treatment from the defendant, an obstetrician/gynecologist. Her prenatal
care was satisfactory and she requested a vaginal birth.
On Dec. 16, 1998, she was admitted, in labor, to the obstetrical unit at the defendant hospital. On Dec. 17 at
12.55 p.m. the plaintiff was evaluated in her labor and delivery room by the defendant, who considered the
slow labor as being due to inadequate contractions and ineffective maternal pushing during the second stage of
labor.
The defendant doctor used a vacuum to assist with the vaginal delivery, and he noted that the baby's head had
descended to a +1 station when he applied the vacuum cup. He was able to deliver the entire head with one
pull on the vacuum, which the nurse noted was applied for between three and four minutes.
Following delivery of the head, the baby experienced a shoulder dystocia. The defendant doctor attempted
various maneuvers in an attempt to deliver the body, but these efforts were unsuccessful in dislodging the
shoulders. After the fetal head was out three minutes, the defendant performed a Zavanelli maneuver, which
involved pushing the baby back into the birth canal. The defendant then ordered an emergency C-section and
asked the nurse to check the fetal heart rate.
According to the defendant, during the ensuing five minutes in the labor and delivery room the fetal monitor
strip demonstrated a viable infant with a tachycardic heart rate in the 160-180 range. The fetal heart rate was
not monitored after the mother left the labor and delivery unit.
The infant was delivered without heartbeat or respirations 20 minutes after the order for the
emergency C-section. The baby was resuscitated and remained brain dead on a ventilator for
two days before life support was withdrawn. The plaintiffs sued the OBY/GYN and the hospital.
The plaintiffs settled with the defendant hospital for a confidential amount.
Settlement Discussions
The plaintiffs demanded $250,000; the defendant made no offer.
Injuries
The plaintiff mother claimed emotional distress damages as a direct victim and plaintiff Stephen Williams claimed emotional distress damages as a bystander.
Other Information
After trial, the defendant agreed to waive costs in exchange for the plaintiffs waiving their right to appeal or move for a new trial.
Deliberation
five hours
Length
nine days
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