McGowan, Hood, Felder & Phillips Secures $16 Million Verdict in Medical Malpractice Case
Attorney Ashley Creech of McGowan, Hood, Felder & Phillips announces a landmark $16 million verdict in a Spartanburg County infant death case. This is one of the largest medical malpractice verdicts recorded in South Carolina. Congratulations to Attorney Creech for this well-deserved victory.
Background of the case
Plaintiff Dara Robinson discovered she was pregnant in April 2019. Both Mrs. Robinson and her husband, Michael, were excited about the pregnancy. The defendants were involved in Ms. Robinson’s prenatal care at Spartanburg & Pelham OB-GYN, PA.
Ms. Robinson had some uterine fibroids, which are benign masses in the uterus, and her medical team at Spartanburg Pelham OB-GYN sent her to a maternal-fetal medicine physician to ensure her unborn baby did not suffer from intrauterine growth restriction – meaning that the fibroids were not limiting his growth. Ultrasounds showed that he was growing normally, and as Robinson’s pregnancy progressed, the baby boy was measuring large for his gestational age. By 36 weeks pregnant, baby boy Robinson was measuring in the 93rd percentile, and Ms. Robinson’s abdominal circumference was in the 99th percentile. Clinically, baby boy Robinson met the medical criteria for excessive fetal growth, and Mrs. Robinson met the criteria for excessive maternal weight gain.
Ms. Robinson also showed an abnormal value for her 26-week gestational diabetes one-hour screen, which triggered a second three-hour test. During the three-hour test, Ms. Robinson had an abnormal fasting glucose level, which – based on ACOG clinical guidelines – means she did not meet the strict criteria for diagnosis of gestational diabetes but warranted further monitoring. Ms. Robinson was never diagnosed with gestational diabetes during her pregnancy, nor was she further monitored for it by her physicians.
At 39 weeks pregnant, on December 17, 2019, Ms. Robinson was admitted to Spartanburg Regional Medical Center and was admitted to the labor and delivery unit by Hoang Giep, MD. Giep was the on-call physician for Spartanburg & Pelham OB-GYN and was working remotely. During Dr. Giep’s shift, Ms. Robinson and her unborn baby (ER) were monitored using fetal monitoring strips.
These fetal monitoring strips have three categories: 1, 2, and 3. Category 1 strips are reassuring, Category 2 strips are indeterminate, and Category 3 strips are non-reassuring. A nurse at Spartanburg Regional called Dr. Giep two times and, during both calls, expressed concern about the strips. Dr. Giep gave oral orders but did not come into the hospital or conduct any review of the fetal monitoring strips himself.
On the morning of December 18, Dr. Amanda Brauss came on shift. When she broke Ms. Robinson’s water, the fluid contained meconium, which can be a sign that the baby is in distress. During the entirety of Dr. Brauss’s shift, the baby’s fetal monitoring strips were Category 2 (indeterminate). Spartanburg Regional Medical Center has a policy prohibiting nurses from increasing Pitocin for patients without a doctor’s order for a patient with Category 2 strips.
To comply with the policy, Ms. Robinson’s nurse did not increase the Pitocin because the fetal monitoring strips showed minimal variability. Around 4:00 pm, defendants Brauss and Giep had a text exchange that included discussions that the strips were not showing great variability. About 40 minutes after that text exchange, Dr. Brauss ordered Ms. Robinson’s nurse to increase the Pitocin. Ms. Robinson continued to labor and continued to have largely Category 2 fetal monitoring strips.
Defendant Ashley Fowler came on shift on the evening of December 18, 2019. Although Ms. Robinson’s labor was not progressing as expected, Dr. Fowler continued to allow her to labor. After midnight, the fetal monitoring strips showed a prolonged deceleration of the baby’s heart rate, indicating that he wasn’t receiving enough oxygen. Dr. Fowler moved to an emergency cesarean section, but the baby passed shortly after birth.
Attorney Ashley Creech took the case on behalf of the child’s family, arguing that the doctors failed to act when they noticed signs of distress and that this delay in treatment was fatal to the baby. The jury returned with a landmark $16 million award. Attorney Creech said, “This verdict sends a powerful message that negligence causing devastating injury has serious consequences. No amount can fully restore what our client has lost, but this jury has taken a critical step toward justice and accountability.”
With this verdict, the attorneys at McGowan, Hood, Felder & Phillips LLC achieved much-needed justice for the Robinson family. We are proud of this and all the work we do for our valued clients.
The McGowan, Hood, Felder & Phillips LLC trial attorneys have recovered over two billion dollars in compensation for our clients. Call us or fill out our contact form for a free initial consultation.