DALLAS, TX — A Texas family has filed a lawsuit claiming medical negligence after their newborn son, Prime, died from injuries sustained during a failed vacuum-assisted delivery in April 2024.
The infant lived just 24 hours before dying of internal brain bleeding linked to the delivery method, the lawsuit filed May 29 in Dallas County’s Judicial District Court states. The family is suing the delivering doctor, unnamed nurses, Kessler Women’s Healthcare, and Methodist Dallas Medical Center.
According to the lawsuit, Prime might have survived if a Cesarean section had been performed earlier. Methodist Health System declined to comment, citing policy. Kessler Women’s Healthcare did not respond to requests for comment. The obstetrician said she could not discuss specific cases but is committed to quality care.
The couple, both teachers, went to the hospital on April 4 after the mother’s water broke. The doctor who had been providing prenatal care was not present for the delivery. During labor, complications arose, including abnormal fetal heart rate, maternal preeclampsia, and a high fever of 102.9°F. The lawsuit says these risks, combined with the baby’s large head and weight, indicated a C-section was likely needed.
Instead, the on-call doctor attempted a vacuum-assisted vaginal delivery, using a suction cup device attached to the baby’s head to help guide him out. The doctor made four attempts; the suction cup popped off twice with enough force to push the delivery chair backward, according to the lawsuit.
After the failed attempts, the doctor performed an emergency C-section. Prime was born on April 5 but suffered major injuries, including brain hemorrhaging and a bruised, swollen head. He was rushed to the neonatal intensive care unit.
The mother described seeing her son’s neck injuries as heartbreaking. The family said Prime “suffered” for 24 hours before dying. The lawsuit called this a “short life and prolonged death.”
Initially, the doctor told the family Prime died from an E. coli infection contracted during labor. However, an autopsy showed the cause was brain hemorrhages from the failed vacuum-assisted delivery.
The lawsuit alleges the medical staff failed to recognize signs of fetal distress and did not take timely action. An independent nurse reviewer said the hospital nurses did not advocate for expedited delivery despite signs of complications.
The family also claims they were never informed about the risks of vacuum-assisted delivery. Although the doctor faces malpractice accusations from other patients, Texas Medical Board records show no prior disciplinary actions.
The family seeks damages for negligence, lack of informed consent, and wrongful death.
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