Professional Negligence Law Reporter

Kendall Berthiaume’s mother was administered Pitocin during her delivery at a hospital. The dosage was increased over the next few hours, during which signs of fetal distress occurred, including variable and absent decelerations. Nine hours after the Pitocin began, Berthiaume was delivered vaginally. She required aggressive resuscitation and suffered seizures. Now 4, she has been diagnosed as having spastic quadriplegia, cerebral palsy, and motor impairment, necessitating extensive long-term therapy.

Berthiaume, through a conservator, sued MyMichigan Medical Center-Midland, alleging professional negligence. The plaintiff asserted that fetal distress during the delivery warranted a change of plan, including discontinuation of the Pitocin, intrauterine resuscitation, and an earlier delivery to avoid brain damage.

The jury awarded $31.6 million.

Citation: Berthiaume v. MyMichigan Med. Ctr., No. 20-7510 (Mich. Cir. Ct. Midland Cnty. May 25, 2023).

Plaintiff counsel: AAJ members Jack Beam, Matthew M. Patterson, and Ryan Timoney, all of Chicago; and AAJ member Geoffrey N. Fieger, Southfield, Mich.

Plaintiff experts: Jennifer Atkisson, labor and delivery nursing, Portland, Ore.; Kristy Bagnell, life care planning, Port Aransas, Texas; Gary Brickner, obstetrics and gynecology, Hamilton, N.J.; and Stephen Nelson, pediatric neurology, New Orleans.

Defense experts: Linda Hughey-Holt, obstetrics and gynecology, Skokie, Ill.; Richard Katz, life care planning, St. Louis; and Christopher Bartlett, economics, Southlake, Texas.