Professional Negligence Law Reporter

Chavez v. Gonzalez-Garcia, No. CACE18001011 (25) (Fla. Cir. Ct. Broward Cnty. Apr. 17, 2019). 

Lilia Torres, 34, began spotting during the eighth week of her pregnancy. She went to a hospital, where she had an ultrasound, and later followed up with her treating obstetrician after receiving a diagnosis of placental previa and possible placenta accrete—a condition in which the placenta attaches too deeply to the uterine wall. For the rest of her pregnancy, Torres saw several obstetricians and midwives at the practice.

At 39 weeks gestation, two of the obstetricians performed a cesarean section the day after the procedure was scheduled. After the delivery, Torres suffered massive blood loss, necessitating a hysterectomy. Torres, who lost at least 10 liters of blood, suffered cardiogenic and pulmonary shock. Shortly after, she died of complications of hemorrhagic shock and multiorgan failure. Torres is survived by her husband and her four minor children.

Torres’s husband, individually and on behalf of Torres’s estate and the couple’s children, sued two of the obstetricians who provided prenatal care to Torres; the two obstetricians who performed the delivery; and their employers under a vicarious liability theory, alleging failure to treat placenta accrete and perform a timely hysterectomy. The plaintiffs asserted that Torres should have undergone an MRI to rule out placenta accrete, delivered her baby at 34 to 36 weeks in the presence of a multidisciplinary team, and received a higher incision to avoid cutting into the placenta.

Suit did not claim lost income.

The jury awarded $24.5 million.

Plaintiff counsel: AAJ member Daniel Harwin, Fort Lauderdale, Fla.; and AAJ member Todd Michaels, Coral Gables, Fla.

Plaintiff expert: Mary Dalton, maternal fetal medicine, New York City.