A West Virginia family filed a birth injury lawsuit against both the federal government and Raleigh General Hospital in Beckley, West Virginia, accusing both of negligence that resulted in significant injuries suffered by their newborn son.
The government denied responsibility for the birth injury, arguing in the U.S. District Court for the Southern District of West Virginia that sovereign immunity laws prohibited parents Chase Fadlevich and Brandy Falevich from having the right to a jury trial on behalf of their son W.F. They claim that the lawsuit against them must be stricken.
Birth Injury Lawsuit Names Multiple Individuals in Addition to Government and Hospital
The birth injury lawsuit accuses many of those involved in their son’s birth with a failure to follow the standard of care for a patient with a hypertensive disorder in pregnancy. They claim that the failure to offer emergency delivery was the cause of the child’s injuries and damages. The child was born on June 15, 2016, and on February 8, 2017, was diagnosed with convulsions of a newborn and microcephaly. They are seeking compensation for their suffering, as well as for economic and noneconomic damages that would have been avoided had they monitored the fetus prior to delivery and provided an emergency delivery. They also accuse the hospital and government with failure to accurately interpret electronic fetal monitoring tracing and failure to anticipate the birth outcomes.
A similar birth injury lawsuit has been filed against the same hospital by a couple from Wilmington, Ohio. Ryan and Crystal Hysell filed a negligence lawsuit against the hospital and several nurses for failure to properly recognize abnormalities shown on the fetal monitor. Their daughter was born on October 29, 2010, and diagnosed with global development delay. The family claims that had the hospital properly read and interpreted the monitor strips, the child could have been delivered immediately and the problem avoided. They also say that the staff failed to contact a physician after the child’s birth to address the birth injury.