Trial Magazine

Kathleen Kromphardt was admitted to a Mercy Hospital to deliver her third child. Approximately an hour later, the fetal monitor showed signs of fetal distress, including prolonged decelerations. Despite interventions, including intrauterine resuscitation and a change of position, the fetal distress worsened. The attending obstetrician administered a tocolytic to slow down the labor before leaving for an hour. Kromphardt’s contractions became stronger, and the baby’s heart rate became bradycardic.

Approximately 20 minutes later, a nurse contacted the obstetrician, who attempted to deliver the baby using forceps and a vacuum extractor. The child’s Apgar scores were five at one minute and nine at nine minutes. He suffered a fractured skull during the delivery and required resuscitation. Now 3, he has been diagnosed with cerebral palsy and a learning disability. He requires 24-hour care.

The child, through a conservator, and Kromphardt and her husband sued the hospital and the obstetrician’s practice. Among other things, the plaintiffs asserted that the obstetrician failed to perform a timely cesarean section, which led to a hypoxic-ischemic brain injury. Suit also claimed that the obstetrician’s misuse of the forceps caused the skull fracture and that using the vacuum extractor was contraindicated given the failed forceps delivery.

The jury awarded more than $97 million. Posttrial motions are pending.

Citation: S.K. v. Mercy Hosp., Iowa City, Iowa, No. LACV081421 (Iowa Dist. Ct. Johnson Cty. Mar. 23, 2022).

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