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Senior Trial Partner Laurie Annunziato, Partner Adam Brown, and Senior Associate Kristen E. Griffin successfully secured Summary Judgment for MCB’s client, an OB/GYN, in a case alleging failure to properly manage and treat low amniotic fluid and concerning biophysical profile.
The plaintiff presented to the hospital with complaints of contractions with back and epigastric pain. A biophysical profile was performed indicating low amniotic fluid and scoring 6 out of 8. MCB’s client physician admitted the plaintiff to the hospital for overnight monitoring and a repeat biophysical profile in the morning. The following morning the plaintiff was reassessed with an unremarkable biophysical profile score of 8 out of 8 and normal amniotic fluid levels. The plaintiff was discharged home with instructions to follow in two days.
Two days later, the plaintiff returned with fetal distress. A severely compromised infant was delivered who expired shortly thereafter.
MCB moved for Summary Judgment on behalf of their client OB/GYN. MCB was able to demonstrate that the infant’s injuries resulted from a placental abruption that occurred after the discharge. MCB successfully argued that the plaintiff mother had been appropriately observed and monitored with no signs of placental abruption. MCB successfully explained the inconsistency in the BPP over the two days. The plaintiffs opposed the motion with an OB/GYN expert affirmation arguing that further monitoring was warranted due to the inconsistent BPPs. MCB was able to dismantle plaintiff’s expert affirmation, demonstrating it was entirely speculative and conclusory. The Court granted Summary Judgment, dismissing the case in its entirety.