Snyder files two new cases—one for $20M and another for $10M

Parents file $20M lawsuit for wrongful birth

A Baltimore couple filed a wrongful birth lawsuit Monday after a sonogram showing fetus abnormalities was sent to a doctor with the same name as the treating obstetrician.

Jessica Young only learned of her baby’s problems days before Antonio Jesse McLeod was delivered prematurely last July with a hole in his diaphragm, among other complications. A lawyer for Young and Antoine McLeod, the baby’s father, estimated Antonio’s “lifetime of care” could cost the couple more than $20 million.

The lack of information prevented McLeod and Young from “making an informed decision” about bringing Antonio to term earlier in the pregnancy, Michael B. Snyder said.

“Had they known at the time they did the sonogram, the family would have made the difficult decision to terminate the pregnancy,” said Snyder, of Snyder & Snyder in Pikesville.

The lawsuit names as defendants American Radiology Services and its insurer, The Johns Hopkins Health System Corp., as well as Dr. Karen Y. Perkins, Young’s ob-gyn.

A spokesman for Hopkins said lawyers there have not yet seen the lawsuit. A call to Pikesville-based American Radiology Services was not returned. Efforts to reach Perkins, whose practice is based in Randallstown, were unsuccessful.

Young first saw Perkins in December 2008 and underwent her first sonogram at American Radiology that same month, according to the complaint. A sonogram report was sent to Perkins’ office, according to the complaint. The doctor referred Young to American Radiology for another sonogram in March 2009, according to the complaint.

The second sonogram showed fetal abnormalities, including the possibility of Antonio’s stomach being in his chest cavity. But a report was sent to Dr. Karen E. Perkins, a family practice doctor in Baltimore, rather than Perkins the ob-gyn, the lawsuit states.

Dr. Karen Y. Perkins called American Radiology several days later to learn the results of the sonogram and was told “everything was OK and normal,” the lawsuit states.

Young went to Mercy Medical Center in early July after experiencing contractions; a sonogram showed an “abnormally large amount of amniotic fluid,” the lawsuit states.

Perkins sent Young to American Radiology on July 13, when an ultrasound showed the hole in Antonio’s diaphragm, the lawsuit states. The sonogram report also noted “again” that the stomach appeared to be in the chest and the heart was on the right side of the chest, the lawsuit states.

Perkins told Young about the sonogram findings the following day and explained the mix-up with the March sonogram, the lawsuit states. The doctor also told the mom-to-be the baby would probably need surgery soon after birth, the lawsuit states.

Antonio was born July 18 at the University of Maryland Medical Center and immediately placed on a ventilator, the lawsuit states. He was transferred to Hopkins, where he was given cardiac and respiratory support and experienced liver and kidney failure, among other ailments, the lawsuit states. The hole in his diaphragm was repaired when he was two weeks old, the lawsuit states.

Second suit against Hopkins

Separately on Monday, Snyder’s firm filed another lawsuit against Hopkins, this one on behalf of a Baltimore woman who alleged a botched surgical procedure left her partially paralyzed. Elizabeth Wright was treated for bleeding in her lungs in January 2009. The problem returned a month later, however, and Wright returned to Hopkins for additional treatment.

Doctors once again attempted to seal off arteries supplying blood to the lungs. Tests during the procedure showed it was affecting blood flow to the spinal artery, the lawsuit states. Doctors continued trying to seal off the lung arteries “despite this alarming new discovery” but closed the spinal artery instead, the lawsuit states.

The surgery cost Wright the use of her left leg and caused numbness on her left side, according to the complaint. Snyder said Wright is confined to a wheelchair and that her long-term care expenses and lost wages could total more than $10 million.

The Hopkins spokesman said lawyers there also had not seen Wright’s lawsuit.

While the lawsuits involve different plaintiffs, Snyder saw a common thread.

“These cases are so upsetting and emotional because they deal with lives which have been truly devastated,” he said. “In both cases, the injuries were absolutely preventable had the health care providers acted within the standards of care.”

Reprinted from the Maryland Daily Records–Written By Danny Jacobs
Daily Record Legal Affairs Writer

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